1.1 The University of the Western Cape (UWC) intends to attract, select and appoint candidates that best fit UWC's needs based on the excellence and relevance of their role. This policy is to be read in conjunction with the Technical Guidelines on staff appointments.

2.1 This Policy applies to all University staff (Permanent and Contract) and applicants.

2.2 This policy excludes, among others, Work Study appointments, external service providers, independent contractors, extra-ordinary academic appointments.

3.1 The policy adheres to labour law and relevant legislation.

3.2 It is aligned to the University’s Institutional Operating Plan (IOP).

3.3 In making recruitment and selection decisions, appointments committees/ selection panels have to consider the following University strategies and plans:

▪ "Academic staff" means persons employed by the University in an academic role, primarily to teach and/or to do research as well as to perform all the other functions pertinent to the role;

▪ "Applicant" means a person interested in applying for a new position and completing the initial step of the hiring process by filling out a job application

▪ "BCEA" means the Basic Conditions of Employment Act, Act 75 of 1997;

▪ "CCMA" means the Commission for Conciliation, Mediation and Arbitration;

▪ "Continuous service" refers to continuous and uninterrupted service at UWC, including any period of authorised absence granted by UWC as per the BCEA;

▪ "Co-opted members" means panel members who may be requested to participate in the process but without voting rights;

▪ "Days" means calendar or working days;

▪ "Delegated members" are members who the relevant appointments committee may appoint;

▪ "Dispute Responsible Head" means the Executive, Dean, Head of Department or Departmental Chairperson/ Director;

▪ "EEA" means the Employment Equity Act, Act 55 of 1998;

▪ "Employee" means anyone, other than an independent contractor, who works for the university.

▪ "Fixed-term contract" means a contract of employment that terminates at the end of a specified event; on completion of a defined task or project, or at a fixed date.

▪ "Fixed-term employee" means a full-time or part-time employee of UWC who is employed in terms of a fixed- term contract. The term "fixed-term employment" shall have a corresponding meaning;

▪ "Full-time Employee" means an employee of UWC who is required to render services for at least 45 hours per week as set out in the BCEA (section 9). The term "full-time employment" shall have a corresponding meaning;

▪ “HEI” means Higher Education Institution.

▪ "HoD" means a Head of Department;

▪ “Internal Delegation of Powers” refers to the authorisation of a delegated power by a delegating authority to act in their stead, and in relation to an instruction to exercise the power, or perform a function.

▪ "Internal candidate" means a current staff member or student at UWC;

▪ "Line manager" is a person to whom an employee directly reports. In the case of the Rector, "Line manager" means the Council;

▪ "LRA" means the Labour Relations Act, Act 66 of 1995;

▪ "Management" means persons included in the definition of "senior management" as well as non-academic employees of the University designated as managers by the Council;

▪ "Professional, Administrative and Support Staff (PASS) members" mean those members of staff who are not employed on academic terms and conditions and who provide professional, administrative and support services to the University;

▪ "Parties", in the case of a fixed-term contract, means UWC and the employee employed in terms of the respective fixed-term contract;

▪ "Part-time employee" means an employee of UWC who works less than 173 hours per month and is remunerated wholly or partly by reference to the time that the employee works;

▪ "Permanent employee" means a full-time employee of UWC employed on an indefinite/ permanent basis. The term "permanent employment" shall have a corresponding meaning;

▪ "First preferred candidate" refers to a suitably qualified applicant who the panel views as the first preferred candidate appointable;

▪ "Probation period" refers to the trial period of a new employee during which the employer assesses the employee's ability and skills to function in the position in order to determine whether to offer the employee a permanent position;

▪ "Qualifications matrix" means the minimum qualifications and experience needed for job grades and academic ranks. Exceptions to these standards must be motivated before the recruitment process starts;

▪ "Recruitment and selection" is the process that the University follows to attract applicants for a job within the University and determine their suitability for the particular job.

▪ "Recruiter" means the person or level of authority or faculty/ department responsible for the process;

▪ "Resolution Body" means the Labour Court, the CCMA or a duly registered bargaining council with jurisdiction over UWC and its employees;

▪ "Second preferred candidate" refers to a suitably qualified applicant who the panel views as the second preferred candidate appointable and who will be offered the job if the first preferred candidate does not accept the offer of employment.

▪ "Senior management" means the Rector and Vice-Chancellor, the Deputy Vice-Chancellors, the Registrar (or Registrars, as the case may be), the Executive Director (or Executive Directors, as the case may be), and the Deans;

▪ “Skills Transfer plan” means the skills that will be developed and transferred from the foreign national/ international staff member to a South African citizen or permanent resident.

▪ "Staff", refers to a collective of individuals employed by the University, which may include permanent employees, temporary and contract workers. As a diverse group of personnel, staff members can have different rights and obligations, depending on their specific employment type.

▪ "Talent pool" means a database of job candidates who have the potential to meet an organisation's immediate and long-term needs.

▪ "Third preferred candidate" refers to a suitably qualified applicant who the panel views as the third preferred candidate appointable and who may be offered the job if the second preferred candidate does not accept the offer of employment.

▪ "Threshold" means the threshold prescribed by the Minister of Labour from time to time in terms of section 6(3) of the BCEA.

▪ "Vacant position" also called a vacancy, is a position that currently has no one serving in it. It may be open because the previously incumbent left the job or the University newly created it. [E01, §4: complete definitions; PDF physical pages 3,4,5]

5.1 All applicants shall be treated fairly, consistently and with respect.

5.2 All selection processes shall be conducted in a manner that preserves confidentiality².

5.3 Declaration of conflict of interest shall be applied as contained in the UWC Disciplinary Code³.

5.4 All vacancies shall be dealt with transparently to ensure equal opportunity.

5.5 No applicant may be shortlisted or appointed if they do not meet the minimum criteria set out in the advertised position.

5.6 Appointments shall be in line with People Plan, Employment Equity targets and Equity plan of the respective area.

5.7 Must ensure that the whole selection process is carried out in a fair and transparent manner and that recruitment and selection procedures and policies are followed correctly.

5.8 The official retirement age of the University is 65 years and no applications will be considered for any permanent position beyond this age.

6.1 The requirement for academic positions shall further be aligned to the Differentiation Criteria for the appointment and promotions of academic staff.

6.2 For Professional Administrative Support Staff (PASS) positions, the requirements⁴ shall vary depending on the position, its level, and its complexity. The requirements shall be agreed upon in conjunction with the KPAs by the relevant committee and as may be advised by Human Resources.

6.3 The qualifications and required years of experience is contained in the Qualifications Matrix guidelines. [E01, §§5–6: key principles and minimum requirements; PDF physical pages 5,6]

7. Joint Staff Appointments Section 2 (Definitions), subsection 2.53, in the Bilateral Agreement between UWC and the Western Cape Government via its Department of Health (DOH)⁵, defines “Joint Staff” as: ” Clinical staff (other than interns) appointed into a post on the Joint Staff Post Roll and which staff member complies with the following requirements –

8.1 The following aspects will be applied

a. Complete the online vacancy-filling process on the e-recruitment system.

b. Advertisement content must clearly and unambiguously state the minimum criteria that will be used for screening and shortlisting. All other assessment criteria must be stipulated in the advertisement.

c. All placed advertisements for vacant positions shall be duly signed-off by the relevant salary budget controller, HR Consultant, Line Manager/ Director/ Dean, or Executive member.

d. The relevant Appointments Committee shall grant approval for requests to advertise vacant positions.

e. No advertisement shall be placed unless verified and validated by relevant stakeholders.

f. The University website will be the primary means for advertising all vacancies and the advert may be available on other public media platforms (where applicable).

g. The advertisement of the vacant position may be open to the internal UWC community and/or external applicants, subject to the decision of the appointments committee or delegated authority.

h. UWC staff and currently registered students are to be considered as internal applicants for positions advertised internally.

i. The status of students who applied for a vacant position must be verified.

j. Academic positions must be advertised at the rank the post was established and not at the existing Ad Personam rank. In a case where operational requirements, structure and People Planning require the faculty to retain the post at the current Ad Personam rank, a motivation must accompany the request to fill the vacant position when submission is made to the relevant approving governance structure.

a. Applications for advertised positions should be submitted online using the approved recruitment system.

b. The vacancy closes on the set date, restricting further access.

c. By submitting any personal and/or professional information to the University, the applicant consents to the University processing and verifying such information.

a. The selection/ appointments committee receives the application schedule and resumes and agrees on a shortlist of candidates for further assessment and selection.

b. The committee members must declare any conflict of interest should there be any relationship with an applicant. If there is a potential conflict or perceived bias then the committee/selection panel member must recuse themselves.

c. The suitability of candidates is determined based on the minimum requirements and other criteria indicated in the advertisement.

d. The selection/ appointments committee must maintain the privacy of applicants and the confidentiality of its proceedings.

e. For senior management recruitment (Vice-Chancellor, Deputy Vice-Chancellors, Executive Directors, Registrar and Deans), the standing orders guide the recruitment procedure and process.

a. The selection/ appointments committee interviews the candidates on the final shortlist. Applicants must avail themselves at the date and time determined by the selection committee/panel.

b. The structure of the interview is determined by the selection/ appointments committee and HR may advise the committee on appropriate selection methodologies to use.

c. The committee must maintain the formal interview structure and ensure questions are consistent and fair throughout the interview process.

d. The selection/ appointments committee must deliberate on the employment equity imperatives of the related area when recommending the appointable candidate(s).

e. Once interviews are complete, the selection/appointments committee makes a recommendation to appoint a suitably qualified candidate/s according to their order of preference(s)⁸.

a. The University may conduct competency assessments prior to the applicant's interview.

b. The request to include a formal assessment in the recruitment process must be authorised by the Executive Director: Human Resources (ED: HR) or delegated authority.

a. Every shortlisted applicant is required to complete the Integrity form and submit themselves to any verification process as required.

b. The University has the right to verify pertinent information of prospective employees.

c. The University may, in its discretion, conduct an investigation concerning the character and personal background of the applicants.

d. In a case where an applicant receives a negative reference or where adverse information is obtained during the recruitment process, the applicant must be given an opportunity to rebut prior to using the adverse information.

e. All formal qualifications of the recommended candidates must be verified before the offer is made, and where applicable, employment records and credit and/or criminal checks may be conducted.

f. After due consideration of the verified information, the appointments committee/selection panel may use their discretion to either proceed or terminate the process with the relevant applicant.

g. An individual in a subordinate or junior position to the applicant is not eligible to provide a referee report.

h. The selection panel or committee will use its discretion when evaluating a testimonial submitted by a line manager.

a. The university reserves the right to contact the applicant’s previous employer. The applicant’s listed referees must include a referee report from the current supervisor or ex-supervisor or peer.

b. The University undertakes to treat any information received from referees confidential.

c. Shortlisting and interview selection/ appointments committee members may not act as a referee for an applicant.

d. If members consent to act as referees for shortlisted candidates, they must recuse themselves as selection panel members.

e. Standard reference checks will be applied to all shortlisted applicants to avoid unfair discrimination. Integrity forms are to be utilised consistently throughout the appointment process.

a. An appointment is only formalised once the background checks have been completed and the results have been provided by HR.

b. The offer of employment is made to the successful candidate.

c. The salary offer is made as per the UWC Rewards Strategy and related policies.

d. If the preferred candidate declines, the offer may be made to other appointable candidates as per the ranking of the selection committee. The selection committee may have the discretion to not have a second ranked and/or third ranked candidate.

e. Should all appointable candidates decline the offer, the panel must reconvene and decide whether to re-advertise or embark on a headhunting/ talent search exercise.

f. If the successful candidate resigns or the working relationship is terminated within their first year of service, UWC may appoint the other appointable candidates without advertising, provided that the relevant appointments committee approves the process.

g. The University reserves the right to not make an appointment, or make an appointment at a different level, or search for additional candidates.

h. The regret notification will be sent to all unsuccessful interviewed candidates unless the advertisement specifies otherwise. [E01, §8: full appointment lifecycle, Steps 1–10; PDF physical pages 7,8,9,10]

9.1 The appointment of foreign national staff must comply with the requirements of the Immigration Amendment Act 13 of 2002.10

9.2 Any job offer made to a foreign national or an international candidate is subject to their submission of a valid South African work visa or other permit allowing them to work in South Africa.

9.3 The University will only confirm the appointment once the candidate has submitted the work visa.

9.4 Foreign nationals can only be appointed on a fixed-term contract commensurate with the validity period on the work visa, unless the applicant has permanent residency.

9.5 Foreign Nationals who have obtained permanent residence after 27 April 1994, will have the same rights as South African citizens, except for employment equity purposes.

10.1 A foreign national appointed on a fixed-term contract shall enter into a Transfer of Skills Agreement¹¹ and this plan must be approved by the relevant Executive member / Dean of the faculty.

10.2 The agreement must articulate what skills will be developed and transferred from the foreign national staff member to a South African citizen or a staff member with permanent residency status.

11. Talent Stewardship Talent Stewardship is focused on strategically important positions to attract, retain, diversify and develop people that possess the necessary skills, competencies and capabilities to meet both current and future organisational capacity requirements. This process involves integrating various initiatives to enable a continued pipeline of talent and is contained in the Talent Stewardship guideline. Some of the initiatives identified include, but are not limited to the following:

11.1 Targeted Appointments12

11.2 Accelerated Promotions13

11.3 nGAP appointments

11.4 Future Professors Appointments

11.5 Developmental roles (line managers can identify these roles within their establishment) [E01, §§9–11: international staff, skills transfer and talent stewardship; PDF physical pages 10,11]

12.1 Fixed-Term Contracts

12.2 Long-term contracts

12.3.1 A fixed-term contract may be offered where UWC can demonstrate any reasonable justification for employing an employee on a fixed-term contract.

12.3.2 UWC may only employ an employee on a fixed-term contract or successive fixed-term contracts for longer than three months of employment if:

12.4.1 An employee employed in terms of a fixed-term contract will not be treated less favourably than an employee employed on a permanent contract performing the same or similar work.

12.5 Termination of fixed-term contracts

12.6 Renewal of fixed-term contracts

12.7 Conversion of fixed-term contracts into permanent position This process involves continuous review of contract appointments against existing vacancies, aiming to make them permanent. If a contract staff member has been in the same position for two years or longer, the relevant Dean or Executive member reviews the post for permanency and the standard recruitment and selection process must unfold. If the full recruitment, including advertising of the post was previously followed and the staff member was fairly selected, the evidence must be submitted to the relevant appointments committee for consideration. No staff member will be converted to a permanent post, unless there was a recruitment and selection process or there are pertinent reasons to do so.

12.8 Part-time contracts

13.1 Secondary appointments are made in line with the Extended Functions Agreement and Practices Guidelines.

14.1 UWC reserves the right to amend this Policy at its sole and unfettered discretion and without any requirement of consultation with any party, subject to the formal announcement of the Policy having been amended and recorded at the relevant structures.

15.1 Where any conflict exists between the provisions of this Policy and any applicable law, statute or sectoral determination, the latter prevails.

• Onboarding (UWC General Orientation and monthly induction process)16

• Probation of PASS staff

• Probation of academic staff17

• Integrated Talent Management Framework (ITMF)18

• The Principles of Talent Stewardship19

• UWC Rewards Strategy

• Targeted Appointments fund

• Integrity form

• UWC Disciplinary Code

• Committee Standing Orders relative to appointments

• Composition of Panels

• UWC Qualification Matrix (Approved: EMC – 8 August 2022)

• Internal Delegation of Powers Register [E01, §§13–16: secondary appointments, amendments, conflict-of-law rule and related documents; PDF physical pages 13,14]

1. Purpose and Scope This Grievance Policy applies to all employees of the University of the Western Cape (UWC).

1.1 The purpose of this policy is to provide a fair and transparent process for addressing workplace grievances, in line with the Labour Relations Act, No. 66 of 1995 (LRA), and best practices in South Africa.

1.2 UWC is committed to maintaining a work environment where employees can raise concerns without fear of victimisation or retaliation. All grievances will be treated confidentially and addressed promptly.

1.3 Employees are encouraged to use this grievance procedure without fear that it will negatively affect their employment status or career progression. Records related to grievances will be kept separate from staff files and in line with the provisions of the POPIA Act.

2.1 "Act" refers to the Labour Relations Act, No. 66 of 1995.

2.2 "Grievance" means any dissatisfaction or complaint by an employee regarding their employment conditions, treatment by colleagues or supervisors, or any other work- related issue.

2.3 "Employee Representative" refers to a fellow employee or a representative from a recognised trade union who assists the employee in the grievance process.

2.4 "Line Manager" refers to the immediate supervisor or manager to whom the employee reports. In the case of the Rector and Vice Chancellor, “Line Manager” means the Council of the university.

2.5 "Chairperson" refers to the individual designated to preside over a formal grievance hearing, including:

2.6 "UWC" refers to the University of the Western Cape, the employer. [E02, §§1–2: purpose, all-employee scope and definitions; PDF physical page 3]

3.1 Grievances should be addressed as soon as possible to prevent escalation and to maintain a positive working environment and culture that is aligned to the values of the University.

3.2 Time limits for each stage of the grievance procedure should be established and adhered to, with flexibility for mutual agreement to extend or shorten these periods.

3.3 Harassment or bullying complaints should be addressed through UWC's Anti- Harassment & Bullying Policy.

3.4 Employees have the right to be assisted by a fellow employee or a representative from a recognised trade union during the grievance process.

3.5 Where mutually agreed, parties do have the option to decide on a mediated process and the Office of the Executive Director: Human Resources can direct matters for prompt resolution.

4. Limitations This grievance procedure does not apply to:

4.1 Disciplinary actions or disputes arising from disciplinary processes.

4.2 Collective bargaining issues.

4.3 Matters covered by other specific policies or agreements.

4.4 Matters that forms part of normal management duties and functions. [E02, §§3–4: principles and exclusions; PDF physical page 4]

5.1.1 Employees should raise grievances informally with their Line Manager within 30 days of the incident.

5.1.2 The Line Manager should attempt to resolve the issue promptly, ideally within 14 days.

5.1.3 If the grievance is against the Line Manager, the employee may approach the next level of management.

5.1.4 The Line Manager should provide an outcome in writing to all parties concerned.

5.2.1 If unresolved at Level 1, the employee may submit a written grievance to the next level of management, copying the Human Resources Department through the office of the Executive Director: Human Resources.

5.2.2 A meeting should be convened within fourteen (14) working days to discuss the grievance and should not unreasonably be delayed. In circumstances where the matter cannot be addressed within 14 days, all efforts must be made to communicate reasons for the delay.

5.2.3 A resolution should be sought within thirty (30) days, with a report provided to all parties involved.

5.2.4 If unresolved, the employee may refer the matter to the Commission for Conciliation, Mediation, and Arbitration (CCMA) to seek recourse. [E02, §5: complete two-stage grievance procedure; PDF physical pages 4,5]

6.1 Employees with similar grievances may elect to have the matter addressed collectively.

6.2 A spokesperson should be designated to represent the group.

6.3 The procedure for group grievances follows the same steps as individual grievances, with adjustments for the group context.

7. Representation at Hearings Employees may be accompanied by a fellow employee or a union representative during grievance hearings.

8.1 Grievances should not be used as a retaliation mechanism to challenge disciplinary actions. Such matters should be addressed through the appropriate disciplinary or any other appropriate process.

8.2 If a grievance reveals potential misconduct, it may be referred for disciplinary action.

9.1 The university will handle all grievance proceedings with strict confidentiality. Personal information related to these matters will be kept secured and deleted or destroyed according to the Protection of Personal Information Act, Act 4 of 2013 and relevant data protection standards.

9.2 Information will only be shared with individuals directly involved in the grievance process, with all parties reminded of their duty to uphold confidentiality to protect the privacy and rights of all parties involved.

10. Revision Cycle This policy will be reviewed periodically to ensure its effectiveness and compliance with applicable labour legislation and best practices. [E02, §§6–10: group cases, representatives, discipline, confidentiality and review; PDF physical pages 5,6]

6. INSTITUTIONAL OPERATING PLAN (IOP)

• Actively pursue greater representation in support of equity and diversity.

• Develop staff through a well-developed annual cycle of programmes based on a learning needs analysis.

• Balance recruitment, retention, succession planning and development of talent, seeking an optimum fit between strategic intent, resource allocation, individual capabili- ties and expertise and requirements.

• Be an attractive employer of choice, providing a stimu- lating and rewarding employment environment with a comprehensive, competitive reward model and atten- tion to employee wellness and work-life balance.

• Support and strengthen a culture that values diversity, inclusivity, excellence, respect, trust, transparency, accountability and open communication combined with effective leadership and a service orientation at all levels.

• Implement an integrated enterprise resource planning system, addressing operational inefficiencies, reducing information silos, integrating human resources informa- tion with other data sources, simplifying operations and supporting improved decision making.

• Pay focused attention to building the required capac- ity and capabilities of staff through recruitment and development activities aligned with strategic goals and objectives.

• Continue to develop and sustain a climate and culture conducive to realising the University’s strategic vision.

• Refine the reward strategy to improve alignment with best practices in the sector, while being mindful of the institution’s financial realities.

• Improve operational efficiency in support of effective human resources management. Based on the undeniably profound history of UWC and the goals of the IOP, it remains a priority for the University to fully engage in employment equity and to commit to the transformation of the South African society. The IOP will guide the implementation of the EE Plan by creating alignment between the institutional directives and EE objectives. The IOP for 2016–2020 (Annexure A) and the IOP for 2020–2025 (Annexure B) are appended.

1. Developing The Research Scholar (DTS): A programme aimed at developing staff who do not have their PhDs as holistic academics. Sixty percent of the participants are female.

2. University Staff Doctoral Programme (USDP): Aims to assist staff to obtain their PhDs and focuses on young (under 40 years of age), female and black South African participants.

3. Academic Doctoral Advancement Programme Towards Transformation (ADAPTT): Focuses on staff completing their PhDs. Eighty percent of participants must be black females and South African.

4. Community of Practice: Black Female Academics: Focuses on mid-career female academics to move their careers forward.

5. Black Academics Advancement Programme (BAAP): Focuses, with the National Research Foundation (NRF), on supporting black academics under 40 years of age to advance their careers.

6. Nurturing Emerging Scholars Programme (NESP): Recognises the potential of students or graduates and seeks to actively direct them towards a career in academia through making structured, attractive prospects and opportunities visible and available to them. Programmes included in the portfolio of the DVC: Academic

1. The Targeted Appointment Fund (Annexure C) was established to address the representation of academic staff relative to South African demographics, particularly at the professorial level.

2. The New Generation of Academics Programme (nGAP) is an initiative implemented by the Department of Higher Education and Training (DHET). This programme targets staff under 40 years of age, with a preference for staff from designated groups. It involves the recruitment of highly capable scholars as academics against carefully designed and balanced equity considerations and in the areas of discipline where the needs are greatest. UWC anticipates 18 nGAP employees being absorbed into the staff establishment between 2022 and 2025 (Annexure D).

3. The Programme for Academic and Professional Leaders (P4APL) is open to staff members who are interested in academic leadership and who would be eligible for a Head of Department position. This is a year-long programme in which participants are required to participate in self-insight exercises and attend six two-day modules scheduled across the year. Monthly meetings and peer networking activities are also included. Participants are expected to work in groups to address a project related to the IOP. The modules include the Higher Education Landscape, Leadership and Communication, Developing an Entrepreneurial Mindset and Internationalisation of Higher Education.

4. The Future Professors Programme (FPP) is a DHET-funded initiative to prepare promising early-career academics to become a new cohort of South African professors across the disciplines. Initiatives and Strategies in the portfolio of the Executive Director: Human Resources

1. Talent Stewardship Talent stewardship “is a conscious, deliberate and planned approach undertaken to attract, retain, diversify and develop people with the required competency and capability to meet current and future organisational capacity needs” (Talent Stewardship Guide, Annexure E). When harmonised with the EE strategy, talent stewardship contributes significantly to the building of a diverse and representative workforce profile at all levels.

2. Recruitment and Selection All UWC’s appointments, policies and standing orders are directly linked to its EE strategy, as it is the duty of recruitment and selection panels to focus on faculty and divisional EE goals and targets in the appointment process. To support the University’s transformation agenda regarding gender and employment equity, a specific policy called the Accelerated Promotions and Equity Appointments Sub-Committee of the Joint Appointments Committee of Senate and Council provides an alternative appointment route to follow when filling an academic vacancy. This policy creates opportunities for a committee to identify potential candidates from designated groups to fill vacant positions and, through a series of specified steps, possibly appoint suitable candidates who have the added benefit of furthering the EE goals.

3. Skills Development Plan and Priorities The University furthers its IOP and EE goals through skills programmes and interventions that are designed to ulti- mately improve individual, departmental and institutional performance. Staff are developed in both their current roles and for possible promotional opportunities, with a particular focus on employees from designated groups. Leadership development is a key priority and can contribute significantly to equitable representation across senior levels of the workforce. Talent stewardship seeks to attract, retain, diversify and develop people with the required competencies and capabilities to meet current and future operational and strategic needs, aligned with the IOP and the EE Plan. There are also a number of targeted and awareness programmes, including an employment equity training course/ programme. A full account of the alignment of staff development and training opportunities with EE is appended as Annexure F. [E03, §§5–7: scope, institutional people priorities, programmes and complete eligibility conditions]

8. PRINCIPLES OF EMPLOYMENT EQUITY

9. INTERPRETATION CLAUSE

10. LEGISLATIVE FRAMEWORK

8. Constitution of the Republic of South Africa (Act 108 of 1996)

8.2 Employment Equity Act (Act 55 of 1998), as amended

8.3 The Promotion of Equality and Prevention of Unfair Discrimination Act (‘PEPUDA’ or the ‘Equality Act’, Act 4 of 2000)

8.4 Skills Development Levies Act (Act 9 of 1999), as amended

8.5 Higher Education Act (Act 101 of 1997)

8.6 Code of Good Practice on the preparation, implementation and monitoring of an Employment Equity Plan

8.7 Code of Good Practice on the Integration of Employment Equity into Human Resource Policies and Practices

8.8 Employment Equity Regulations (2014)

8.9 Code of Good Practice on the Employment of People with Disabilities

8.10 Technical Assistance Guidelines on Disability

8.11 The Statute of the University of the Western Cape, in accordance with section 32 of the Higher Education Act (Act 101 of 1997)  [E03, §§8–10: equity principles, interpretation and legislative framework]

11. UWC GOVERNANCE STRUCTURE

11.1.1 Council: Subject to the provisions of the Higher Education Act and the UWC Statute, the Council governs the University by exercising a general oversight responsibility for the institution. The Council has particular oversight responsibility for strategic governance, financial governance, student discipline, staff matters and formulating overall policy for the University. The Council receives and considers written advice from the Institutional Forum before taking decisions on the following matters:

a. the implementation of the national higher education policy;

b. policy regarding race, gender, disability and employ- ment equity;

c. the selection or appointment of persons to senior management positions;

d. codes of general conduct as well as procedures for mediation and dispute resolution; and

e. the establishment of a positive academic environment and an institutional culture to promote human rights.

11.1.2 Senate: Subject to the provisions of the Higher Education Act and the UWC Statute, the Senate is responsible and accountable to the Council for the general academic and research functions of the University and performs such other functions as may be delegated or assigned to it by the Council. Senate is responsible for:

a. the superintendence and regulation of instruction and research in the various faculties, academic departments, centres, institutes, lectures and classes of the University;

b. the organisation and control of the curricula, syllabi and examinations of the University; and

c. the performance of such other functions as may be delegated or assigned to it by the Council.

11.1.3 Senior Appointments Committee of Council (SACC): The SACC provides Council with recommendations concerning the appointment of persons to senior management positions or the extension of the periods of office of such officials.

11.1.4 Institutional Forum: The Institutional Forum of the University must advise the Council on issues affecting the University, including:

a. the implementation of the Higher Education Act and state policy on higher education;

b. policy regarding race, gender, disability and labour equity;

c. the selection of candidates for senior management positions;

d. codes of conduct, mediation and dispute resolution procedures; and

e. the creating of an appropriate environment for teaching, research and learning and the fostering of a culture that promotes tolerance and respect for fundamental human rights at the University. In addition, the Institutional Forum:

a. may advise the Council on any matter it deems fit; and

b. perform such other functions as may be determined by the Council.

a. The EMC controls, manages and administers the University from day to day.

b. The EMC takes decisions subject to policies and other decisions taken by the Council and Senate subject to the statutory provisions governing the University. In the event of urgency, the EMC may take any decision in the interest of the University. The EMC also takes final decisions on the appointment and promotion of central managerial administrative staff from Peromnes grades 8 to 6.

11.2.1 Vice-Chancellor and Rector; Executive Director of the Human Resources department The Vice-Chancellor/ Rector is the chief executive officer of the University and is, subject to paragraph 8.19 of the UWC Statute, responsible for, inter alia, the day-to-day management, administration and operations of the University, and is vested with all the managerial, administrative and operational powers necessary to perform these functions.

11.2.2 Deputy Vice-Chancellor/Vice-Rector(s) The Deputy Vice-Chancellor/Vice-Rector(s) is responsible for, inter alia, assisting the Vice- Chancellor/ Rector in the management, administration and operations of the University and has the powers and duties conferred upon him or her by the Council. The Deputy Vice-Chancellor/ Vice-Rector(s) is further responsible for any specific managerial, administrative and operational functions delegated to him or her by the Vice-Chancellor/ Rector, from time to time.

11.2.3 Registrar(s) and Executive Director(s) The Registrar and the Executive Director(s) support the Vice-Chancellor/Rector in managing and administering the University. More than one Registrar and more than one Executive Director may be appointed. A Registrar and an Executive

11.3.1 Deans; Executive members; Directors; Heads of Departments Responsible for the promotion, guidance and implementation of employment equity implementation within the faculties and divisions on the following committees relative to the level of responsibility:

a) Senior Professor Status Committee: Considers and takes decisions regarding promotions to senior professor status.

b) Professorial Appointments and Promotions Committee: Oversees the appointment and promotion of professorial staff.

c) Joint Appointments and Promotions Committee of Senate and Council: Oversees the appointment and promotion of all non-professorial academic staff and the appointment and promotion of all PASS staff within faculties.

d) Accelerated Promotions and Equity Sub-Committee: Permanent Sub-Committee that administers matters relating to the accelerated promotion of members of the University’s teaching and research staff, and an accelerated equity appointment process.

e) Human Resources Committee: Oversees the appointment and promotion of all central administrative staff.

f) Departmental Chair/HOD appointments Committee: Selects academic candidates to HOD roles.

g) Skills Development Committee (SDC): Keeps its members abreast of current developments regarding EE and incorporates EE goals in its developmental strategies.

11.4.1 Employment Equity Forum (EEF): The purpose of the EEF is to serve as a forum for management, staff and student representatives to consult on how UWC achieves full employment equity. The EEF proceeds with due consideration to the provisions of the Employment Equity Act of 1998, and especially Chapter III of this Act, as well as with due consideration to the provisions of the Constitution of the Republic of South Africa. The Standing Orders of the EEF are appended as Annexure I.

11.4.2 Human Resources department: The Human Resources Department performs a management and support function to the Deans, Executives, line managers, EEF and employees. It also oversees the implementation of EE on all appointment and promotional panels, as well as provides opportunities for the development and training of staff from designated categories.

11.4.3 The Management Structure In formulating the goals and objectives set out in this Plan, all the faculties and divisions listed in the table below have been tasked with identifying numerical targets for designated groups, affirmative action measures and potential or actual barriers to the achievement of the University’s employment equity goals.  [E03, §11: complete decision, monitoring, implementation and consultative responsibilities]

12. CONSULTATION WITH EMPLOYEES (SECTION 16 OF THE EE ACT)

• EEF meeting in order to establish Project Task Team (the mandate of which can be found in Appendix |). All relevant representatives and stakeholders were consulted in the making of this decision.

• Several Task Team meetings are held to develop the Terms of Reference and Project plan. The recommendations are approved at the EEF meeting on 11 December 2019.

• The TT co-opts Dr Bruce May as a member.

• External consultant conducts an online organisational analysis to identify barriers to employment equity within policies, practices, and processes. An account of the findings is given in the next section.

• Faculties and Divisions identify Strategies and Affirmative Action measures to improve under- representation and barriers.

• Consultative meetings with all Faculties and Divisions. Initial consultations with Deans/ Executives and HOD’s.

• New resonable numerical goals and targets, as well as affirmative action measures, are set per division.

• Deans, Executives, EEF reps and HRD review and approve Complete Faculty/Divisional EE Plans.

• HR, Union and shopstewards meet to discuss progress on draft EE Plan.

• EEF meeting where EE reps submit reports to Secretariat and report on their respective draft EE Plans.

• All completed and formally signed unit plans collated into an overall draft UWC Employment Equity plan.

• Completed draft EE Plan discussed with EEF.

• Draft EE Plan communication to all staf.

• Consultatives with stakeholders (Staff with Disabilities, Union, GEU, SRC).

• Processing of draft EE plan through the governance system: EMC, HRC, SA, SEC, IF, Senate.

• Final approval by Council.

13. ANALYSIS OF THE UWC WORKING ENVIRONMENT

14. BARRIERS AND AFFIRMATIVE ACTION MEASURES (SECTION 15(2) OF THE EE ACT)

15. OBJECTIVES OF THE EMPLOYMENT EQUITY PLAN (SECTION 20 (2A) OF THE EE ACT)
According to the EE Act (chapter III, section 20), “A designated employer must prepare and implement an Employment Equity plan which will achieve reasonable progress towards employ- ment equity in that employer’s People Plan”. This plan identifies numerical goals and targets for the period 2020–2025 and explores various quantitative measures and initiatives to achieve these targets.
The following key objectives will be implemented during this planning period.

The following key objectives will be implemented during this planning period:

22. ONGOING UWC STRATEGIES USED TO ADDRESS UNDER-REPRESENTATION IN THE WORKPLACE INCLUDE THE FOLLOWING:

20.1 Special super-numeric Targeted Appointments (TA) are made for up to three years against available professorial opportunities, whereby the Rector and Vice-Chancellor provides bridging funding to appoint a suitably qualified and experienced candidate from the under-rep resented groups to job shadow the exiting senior academic for a set period before being absorbed by the faculty.

20.2 The Talent Stewardship Programme (TS) is an internal career pathing/ succession planning programme that identifies internal talent with the potential and drive to be pipelined for an accelerated development trajectory, especially candidates who further the transformation agenda.

20.3 The New Generation of Academics Programme (nGAP), which is funded by the Department of Higher Education (DHET), is in Year 6 and aims to accelerate transformation at South African universities. The staff costs are borne by the funder for up to four years before the university must absorb those costs. Every identified nGAP position needs to be offset against a retirement or a vacancy.

20.4 The Future Professors Programme (FPP) is a DHET-funded initiative aiming to prepare promising early-career academics to become a new cohort of South African professors across the disciplines.

20.5 The Nurturing Emerging Scholars Programme (NESP) is a three-year programme that includes a two-year Master’s scholarship followed immediately by a one-year academic internship at a recruiting South African university. It recognises the potential of students or graduates and seeks to actively direct some of that potential towards a career in academia through making structured, attractive prospects and opportunities visible and available to them.

20.6 Innovative attraction and retention strategies, as well as internship programmes such as SAIPA learnerships and various other internship programmes. The DHET Report of the Ministerial Task Team on the Recruitment, Retention and Progression of Black South African Academics made 20 recommendations that can be found in Annexure M.  [E03, §22: complete ongoing workplace strategies, including funding and appointment conditions]

23. DURATION OF THE PLAN (SECTION 20 (2B) OF THE EE ACT)

• The impact of when budgets are approved;

• The completion of the UWC IOP process;

• The duration of the EE consultative and governance approval processes, ending with the final Council approval. In previous plans, the start and end dates were 1 June until 31 May. The new start and end dates for the UWC EE Plan are: Start date: 1 October 2020 and End date: 30 September 2025. [E03, §23: complete duration of plan]

24. DISPUTE RESOLUTION MECHANISMS

25. SENIOR MANAGERS ASSIGNED TO MONITOR AND IMPLEMENT THE PLAN

23.1 The responsible senior managers assigned in terms of the EE Act are the UWC Rector and Vice-Chancellor and the Executive Director: Human Resources.

23.2 In terms of implementation, the responsible parties will be the Council, Senate, Institutional Forum, EEF, Deans, Executive members, senior managers as well as all line managers, and the Executive Director: Human Resources.

23.3 Monitoring will be the responsibility of the Council, Senate, Institutional Forum and the EEF, as well as all appointment and promotion governance structures.

• The equitable representation of designated persons is significantly hampered by the ongoing scarce and critical skills shortages, especially within higher education institutions.

• During the development of this EE Plan, the Department of Employment & Labour was still in the process of setting the Sectoral Targets. This Plan will be reviewed once those sectoral targets have been finalised.

• This EE Plan is not an absolute barrier to the appointment and advancement of non-designated groups (White Males as well as Foreign Nationals).

• UWC will not create jobs in order to meet EE goals.

• UWC will not employ candidates who are not suitably qualified merely to meet EE goals. All appointees must meet minimum requirements.

• The COVID-19 pandemic may adversely affect the ability of the University to attract suitable designated candidates from other provinces. [E03, §§24–26: dispute resolution, responsible managers and all qualifications]

• The remuneration of employees who are funded by organisations other than UWC and are on conditions of service not determined by UWC. It therefore remains as a separately documented policy covering Contractor and Secondment employees. However, where possible, an approach consistent with the UWC policy and practices will be applied.

• External market, where appropriate

• An impairment may either be physical or mental or a combination of both.

• 'Physical' impairment means a partial or total loss of a bodily function or part of the body. It includes sensory impairments such as being deaf, hearing impaired, or visually impaired.

• 'Mental' impairment means a clinically recognised condition or illness that affects a person's thought processes, judgement or emotions.

•  'Long-term' means the impairment has lasted or is likely to persist for at least twelve months.

• 'Recurring impairment' is one that is likely to happen again and to be substantially limiting (see below). It includes a constant chronic condition, even if its effects on a person fluctuate.

• 'Progressive conditions' are those that are likely to develop or change or recur. People living with progressive conditions or illnesses are considered as people with disabilities once the impairment starts to be substantially limiting. Progressive or recurring conditions which have no overt symptoms or which do not substantially limit a person are not disabilities. .

• An impairment is "substantially limiting" if, in its nature, duration or effects, it substantially limits the person's ability to perform the essential functions of the job for which they are being considered.

• Some impairments are so easily controlled, corrected or lessened, that they have no limiting effects. For example, a person who wears spectacles or contact lenses does not have a disability unless even with spectacles or contact lenses the person's vision is substantially impaired.

• An assessment to determine whether the effects of an impairment are substantially limiting, must consider if medical treatment or other devices would control or correct the impairment so that its adverse effects are prevented or removed.

3.1 UWC aims to reasonably accommodate the needs of staff with disabilities. The aim of the accommodation is to reduce the impact of the impairment of the person's capacity to fulfil the essential functions of a job.  

3.2 UWC will adopt the most cost-effective means that is consistent with effectively removing the barriers to perform the job, and to enjoy equat access to the benefits and opportunities of employment.  

3.3 The obligation to make reasonable accommodation may arise when an applicant or employee voluntarily discloses a disability related accommodation need or when such a need is reasonably self-evident to the university.  

3.4 UWC also aim to accommodate employees when work or the work environment changes or impairment varies which affects the employee's ability to perform the essential functions of the job,

3.5 UWC will consult the employee and, where reasonable and practical, technical experts to establish appropriate mechanisms to accommodate the employee. The particular accommodation will depend on the individual, the degree and nature of impairment and its effect on the person, as well as on the job and the working environment. Reasonable accommodation may be temporary or permanent, depending on the nature and extent of the disability.  

3.6 UWC will not accommodate a qualified applicant or an employee with a disability if this would impose an unjustifiable hardship. According to the Employment Equity Act 55 of 1998, this is action that requires "significant or considerable difficulty or expense". This involves considering, amongst other things, the effectiveness of the accommodation and the extent to which it would seriously disrupt the operation of the university. The Senior Management Committee of UWC will make a final decision regarding such cases.  

• Identify the inherent requirements of the vacant position;

• Describe clearly the necessary skills and capabilities required for the job;

• Set reasonable criteria for selection, preferably in writing, for job applicants for such vacant positions.

• The panel may not include criteria that are not necessary to perform the essential functions of the job because selection based on non-essential functions may unfairly exclude people with disabilities.  

• It should be accessible to persons with disabilities and, where reasonable and practical, circulated to organisations that represent the interests of people with disabilities.

• On request, and if reasonable in the circumstances, notices and advertisements should be available in a format appropriate to persons with disabilities, such as large print, Braille, or audiotape.

• Subject to reasonable accommodation, the panel should apply the same criteria to test the ability of people with disabilities as are applied to other applicants.

• The panel should monitor their criteria for selection. If these criteria tend to exclude people with disabilities, they should be reviewed to ensure that they do not unfairly discriminate against persons with disabilities.

• Selection interviews should be objective and unbiased. Interviewers must avoid assumptions about people with disabilities.

• If an applicant has disclosed a disability or has a self-evident disability, the panel must focus on the applicant's qualifications for the work rather than any actual or presumed disability but may enquire and assess if the applicant would, but for the disability, be suitably qualified.

• The panel should ask applicants to indicate how they would perform essential functions and if accommodation is required.

• If the panel is informed in advance that an applicant has a disability, or if the applicant has a self-evident disability, the panel should if necessary, make reasonable accommodation during the interview.

• If an applicant with a disability is suitably qualified, the university may make a job offer conditional on medical or functional testing to determine an applicant's actual or potential ability to perform the essential functions of a specific job.

• The testing must comply with the statutory requirements and should determine if the applicant is able to perform the essential functions of the job, with or without reasonable accommodation. The university may test only applicants with disabilities for a specific job and not require all other applicants to undergo testing.

•  A conditional job offer may only be made to one person at a time, not to all applicants with disabilities that may have applied for the job.

•  UWC will withdraw the job offer if the testing shows that accommodation requirement would create unjustifiable hardship; or there is an objective justification that relates to the inherent requirements of the job; or there is an objective justification that relates to health and safety.

• The university may not employ people with disabilities or retain employees who become disabled, on less favourable terms and conditions than employees doing the same work, for reasons connected with the disability.

• UWC should include disability sensitisation in the orientation/ induction and other relevant training programmes for staff.

• Facilities and materials for training, work organisation and recreation should be accessible to employees with disabilities.

• Employees with disabilities should be consulted in order to ensure input specific to their career advancement.

• Systems and practices to evaluate work performance should clearly identify and fairly measure and reward performance of the essential functions of the job. Work that falls outside the essential functions of the job should not be evaluated.  

1. ALLEGED PERPETRATOR a person who allegedly commits an offence.

2. COMPLAINANT/SURVIVOR any person who alleges that he or she is being/ has been subjected to an act of sexual violence.

3. CONSENT is about communication. It is an active, positive, voluntary agreement to engage in a sexual act. Giving consent for one activity, one time, does not mean giving consent for increased or recurring sexual contact. Having sex with someone in the past does not automatically give that person permission to have sex with same person again in the future. Assumptions of consent therefore cannot be made where a person is incapable of consenting – due to intoxication for instance, or where a person is induced to engage in the activity by someone abusing a position of trust, power or authority.

4. CYBER SEXUAL VIOLENCE includes but is not limited to knowingly harassing a person through electronic media such as web postings, text or email messaging by publishing, distributing, making available or advertising an intimate image, text or recording of a person, without their consent.

5. DISCLOSURE is the sharing of information by an individual with a Member of the University Community regarding an Incident of Sexual Violence experienced by that individual.

6. EVIDENCE DNA evidence from a crime like sexual assault can be collected from the crime scene, but it can also be collected from a person’s body, clothes, and other personal belongings. A Survivor may choose to have a sexual assault forensic exam, sometimes known as a “rape kit,” to preserve possible DNA evidence and receive important medical care. The Survivor does not have to report the crime to have an exam, but the process gives the Survivor a chance to safely store evidence should the Survivor decide to report at a later time.

7. FIRST RESPONDER involves qualified staff, primarily in the services units whose job entails being a first point of call or respondent in an emergency as well as other identified, trained members of the university community that play a key role in providing support and guiding the process of addressing instances of sexual violence.

8. GENDER BASED VIOLENCE is violence which occurs between individuals, often men and women in relationships, in the home, at the workplace and in the community. Gender violence is about power and control. It takes the form of physical, emotional, sexual, economic or spiritual abuse, e.g. rape, domestic violence, sexual harassment.

9. HUMAN TRAFFICKING is the trade of humans for the purpose of forced labour, sexual slavery, or commercial sexual exploitation for the trafficker or others

10. INTENT where a person deliberately or on purpose, decides and sets out to commit a crime.

11. INTIMATE PARTNER ABUSE any behaviour within an intimate relationship that causes physical, psychological or sexual harm to those in the relationship, including acts of physical aggression, sexual coercion, psychological abuse and controlling behaviours.

12. MEMBER OF THE UNIVERSITY COMMUNITY includes all registered students including post-doctoral fellows and all staff including contractors and members of Council and Convocation as well as visitors on all UWC campuses.

13. RAPE is a type of sexual violence where a person unlawfully and intentionally commits an act of sexual penetration with a complainant without the consent of the complainant. Rape usually involves coerced sexual intercourse or other forms of sexual penetration carried out against a person without that person's consent. The act may be carried out by physical force, coercion, abuse of authority, or against a person who is incapable of giving valid consent, such as one who is unconscious, incapacitated, has an intellectual or physical disability or is below the legal age of consent. Compelled Rape is where a person unlawfully and intentionally compels a third person without the third party’s consent, to commit an act of sexual penetration against a complainant without the complainant’s consent.

14. RAPE CULTURE is an environment in which rape is prevalent and in which sexual violence against women is normalized and excused in the media and popular culture. It is often perpetuated through the use of misogynistic language, the objectification of women's bodies, and the glamorization of sexual violence, thereby creating a society that disregards women’s rights and safety.

15. REPORTING is the sharing of information by an individual with a designated Member of the University Community regarding an Incident of sexual violence experienced by that individual, with the intention of initiating a formal process outlined in this Policy.

16. SEXUAL ASSAULT where a person unlawfully and intentionally sexually violates a complainant, without the complainant’s consent; or who inspires the belief in the complainant that the complainant will be sexually violated. Sexual assault is any form of sexual contact or attempted sexual contact including where a person is threatened, coerced, or forced to comply against his/her will, or is incapable of giving consent. This sexual contact can range from unwanted sexual touching to forced sexual intercourse; and can involve situations where sexual activity is obtained by someone abusing a position of trust, power or authority. Compelled Sexual Assault is where a person intentionally and unlawfully compels a third party without the third party’s consent to commit a sexual violation with the complainant without the consent of the complainant.

17. SEXUAL HARASSMENT includes but is not limited to:

v. Verbal forms of sexual harassment including unwelcomed innuendoes, suggestions and hints, sexual advances, comments with sexual overtones, sex-related jokes or insults or unwelcomed graphic comments about a person's body made in their presence or directed toward them, unwelcomed and inappropriate enquiries about a person's sex life, whistling of a sexual nature and the sending by electronic means, or otherwise, of sexually explicit texts or pictures.

18. SEXUAL OFFENCE includes all types of sexual violence namely rape; compelled rape; sexual assault, compelled sexual assault, compelled self-sexual assault, sexual harassment, sexual acts or self-masturbation; exposure or display of or causing exposure or display of genitals, anus or female breasts or child pornography or engaging sexual services of persons for reward, favour or compensation, incest, beastiality, sexual acts with a corpse, sexual acts with minors or mentally disabled persons, incitement, or inducing (including aiding, abetting, instigating, instructing, commanding, counselling on procuring) someone to commit a sexual offence.

20. SEXUAL VIOLENCE is an all-encompassing term that refers to any sexual act or attempt to obtain a sexual act by violence or coercion. This covers acts directed against a person's sexuality, gender identity or gender expression, whether the act is physical or psychological in nature, that is committed, threatened or attempted against a person without the person’s consent, and includes rape, sexual assault, sexual harassment, stalking, indecent exposure, voyeurism, human trafficking, degrading sexual imagery, cyber sexual violence or harassment and sexual exploitation.

22. SEXUAL VIOLENCE TASK TEAM (SVT) a multi-stakeholder team that is responsible for the discussion and review of the current policy for public comments before finalisation and approval.

23. STUDENT any registered UWC student as per the provision of the UWC Statute.

24. STUDENT INTEREST GROUPS student organisations that are affiliated to the SRC.

25. THUTHUZELA CENTRE a one-stop support centre that provides care and understanding to students who report a rape and request medico-legal-counselling interventions.  [E05, §2: complete definitions, including community scope, consent, harassment and sexual violence]

4.1 The University recognizes the extent and the seriousness of sexual offences and particularly violence, as well as its effects upon the education system. The University acknowledges its responsibility to play a significant role in preventing sexual offences, supporting complainants/survivors, and holding perpetrators accountable. Therefore, the University is committed to providing and maintaining an environment in which sexual violence is totally unacceptable and is not tolerated.

4.2 The University recognizes that anyone can experience sexual offences. An intersectional approach to sexual offences recognizes that individuals may encounter increased vulnerabilities based on their identity or perceived identity including such factors as race, economic status, gender identity, gender expression, sexual orientation, language, age, ethnicity, culture, ability, faith and/or citizenship status. Complainants/survivors can also experience many barriers to disclosing, reporting, and/or seeking support; barriers can differ based on the lived experience of the complainant/survivor. Guided by the principles of substantive equality, the University strives to reduce these barriers.

4.3 The University recognizes that Sexual Offence is rooted in power imbalances and is underreported because of a range of reasons, which include stigmatization, fear of being labelled, the risk of further trauma and difficulties associated with investigating and imposing sanctions for Sexual Offence. The University commits to support survivors based on their personal experiences, whether or not a criminal offence has been proven, and whether or not the complainant/survivor chooses to make a report through University or external law enforcement processes.

4.4 The University recognizes its institutional responsibility to provide survivor focused support services to individuals affected by sexual offence regardless of where or when such incidents occur and will, to the extent possible, ensure complainants/survivors can self-determine the support and services they wish to access and whether they wish to contact police.

4.5 The University recognizes that confidentiality is key to create an environment and culture where complainants/survivors feel safe to disclose and seek support. The confidentiality of all persons involved in a report of sexual violence will be strictly observed.

4.6 The University is committed to providing on-going training, education, and awareness raising aimed at changing attitudes and behaviours that perpetuate sexual offences.

4.7 The University recognizes the extreme impact that rape culture has on society and will work collaboratively with its community to develop educational programs around this serious systemic issue.

4.8 Reports of sexual offences will be dealt with through the University complaints’ procedures and any person who is found to have committed sexual offences shall be held accountable and subject to sanctions, discipline which may include expulsion and/or termination of employment, where appropriate.

4.9 All University staff in any way associated with the implementation of this policy are required to ensure timeliness of response to reduce the time required to access support services, as well as to ensure the timely resolution of complaints.

4.10 The University is committed to ensuring that its processes for addressing sexual offences are intended to promote fair, just and timely resolution for those filing complaints and for those against whom complaints are made. Both parties will be provided with information explaining the process.

4.11 The University is required to act in line with the prescripts of the policy and the criminal procedure requirements, where allegations of sexual violence or sexual offences have been referred to it.

5. POLICY SCOPE This policy applies to students and staff (both academic and professional support staff1), visitors, invited guests, contractors, service providers, ie. all members of the university community. The formulation of this policy is informed by international treaties, South African law and the policy frameworks which place an onus on universities to address sexual offences and take meaningful actions to address them. These comprehensive policy frameworks locate universities’ responses to sexual offences at the nexus of criminal, civil and labour law. A list of policies and statutes are found in Addendum 1. The policy must also be read with the Student Disciplinary Rules of the University of the Western Cape as well as the HR Policy on Sexual Harassment and Assault in the Workplace, 2014

6.1 This policy affirms the University of the Western Cape’s ongoing commitment to promote a conducive learning and living environment by intensifying efforts towards prevention of any acts of sexual offence and violence on any member of the campus community in line with the institution’s zero tolerance approach. The University acknowledges that deeply held social attitudes contribute to the perpetuation of sexual offences and will address it through holistic coordinated interventions to minimise the extent and the impact of sexual offences on campus.

6.2 The policy outlines procedures for reporting, investigation and resolutions of complaints; specialised support and services available to those affected by sexual offences; the processes in place to address reports of sexual offences; education and information strategies to address and prevent sexual offences and affirms the University’s commitment to procedural fairness.

6.3 The University is committed to the effective implementation of the policy and programmes through attention to budgeting; monitoring and evaluation; and the creation of a system of accountability.

6.4 The policy furthermore seeks to align the university’s response through coordination amongst stakeholder roles and services so that it speaks to the needs of the survivor/complainant and is cognisant of the rights of all affected when a report has been received.

7.1 The Student Development and Support Services Committee (SDSSC) is the Committee of Senate and Council responsible for playing an oversight role, monitoring and providing advice on policy development and implementation as well as on interventions to promote a safe and intellectually stimulating, holistic learning environment that encourages student engagement and satisfaction, personal development and academic success.

7.2 SDSSC Standing Orders provide for various subcommittees that support its work; these subcommittees are classified according to strategic clusters. Specific to this policy is the Cluster on Security, Promotion of Diversity and Human Rights.

7.3 Council and all sub-committees of Council dealing with staff matters has oversight over the HR Policy on Sexual Harassment and Assault in the Workplace, 2014 which should be read in conjuction with this policy and is specifically informed by Labour Act imperatives for employees [E05, §§4–7: all commitment principles, scope, applicability and governance]

8. PROCEDURES, PROCESSES AND SUPPORT The following procedures will apply when dealing with sexual violations affecting UWC students. These procedures must ensure the appropriate resolution of problems in an appropriately efficient, sensitive, confidential, manner.

8.1.1 The reporting of sexual offences is essential for accurate record keeping and in the university’s efforts to monitor and evaluate whether strategies, interventions, and process are having any positive impact in terms of preventing the occurrence of sexual offences being committed on our campus. The institution has trained staff working in the professional support services units who understand and embrace the need for confidentiality around these matters; it therefore limits access to information as per the provisions of the best practices outlined in relevant policy frameworks and organisations such as Rape Crisis.

8.1.2 Information will only be shared among first responders to the extent necessary to carry out responsibilities under this Policy or as required to provide a fair process during the investigation and decision-making process. The intention of this Policy is for the Reporting process and each of its steps to be completed as expeditiously as practicable.

8.1.3 Any member of the UWC community (where “any” includes those participating in UWC business and practices on or off campus, including for instance those who commute on excursions, research, experiential learning, outreach and clinical placement sites, and experience any form of sexual offences en route to, while working at or returning from the site) may report a case of sexual offence at any of the following first responder offices:

i. The Gender Equity Office

v. The Residential Services ResLife Office

8.1.4 It is important to note that those who report acts of sexual offence at off campus sites shall enjoy the support of specific staff at the university to facilitate processes with relevant statutory bodies such as SAPS. Sexual offences are criminal offences and as such, are pursued and investigated by SAPS and other relevant state organs while the University provides support to the complainant/survivor, at the choice of the complainant/survivor, while the matter is on-going. Support may take the form of:

▪ Assistance with obtaining medical care,

▪ Counselling support,

▪ Guidance and assistance with reporting the matter to SAPS, at the election of the complainant/survivor in criminal procedures through the Proctor’s office,

▪ Assistance with obtaining Protection Orders, where applicable,

▪ Confidential relevant arrangements with the specific UWC faculty, department or unit where the complainant is located.

8.1.5 The survivor’s right to privacy, and safety and well-being is of utmost importance to the institution in these matters.

8.1.6 Incidents of sexual offence may be brought to the attention of the institution by the complainant/survivor or any other person that is aware of the offence, for example a friend, fellow student or faculty official acting on the explicit request of the complainant/survivor where the complainant/survivor has indicated that s/he wishes that the institution be made aware of the violation. The complainant/survivor or those who report on a complainant’s behalf must be informed of the complainant’s right to lay charges with the South African Police Services and about how to access necessary medical resources through the Thuthuzela Care Centre or similar Centre should the complainant/survivor not wish to speak to the institution her/himself.

8.1.7 The policy recognises the right and ability of all complainants/survivors to make choices for themselves in respect of pressing formal charges or not. What it encourages is that complainants/survivors are made aware of life-saving medical information that needs to happen within 72 hours of a rape or severe sexual assault. This can be done via the Thuthuzela Care Centre or a similar Centre without any pressure to lay charges.

8.2 PROCESSES The university may employ formal or informal processes when addressing matters pertaining to sexual violence.

8.2.1.1 It is important to note that there are varying degrees of sexual offences and some complainants choose to resolve matters differently. Some may choose a mediation between themselves and the perpetrator. Where this is opted for, the process of mediation will be facilitated by a trained staff member and will only take place once there is a written consent to the process by the complainant and the outcome entails a formal warning and recognition of the process by both parties. The path that the informal process follows then largely depends on the wish of the complainant to address the matter informally and on the perpetrator’s willingness to comply.

8.2.1.2 Sexual harassment charges follow different pathways depending on what the perpetrator’s relationship to the university is, for instance in a case where the alleged perpetrator is a student, the matter will be dealt with internally through the student discipline process with support put in place for all parties. Where the alleged perpetrator has no relationship with the university/is not a member of the university community, due attention would be on the survivor regards reporting, access to medical care and counselling services. If the alleged perpetrator is a staff member, the matter will be dealt with via the Human Resources Department; this policy must therefore be read alongside the HR Sexual Harassment and Sexual Assault Policy of 2014.

8.2.2.1 Sexual offences are a serious violation of Human Rights. Sexual offences and in particular rape will follow an immediate formal process when reported. The University through CPS must alert SAPS and through the other first respondent offices liaise with relevant caregivers such as the Rape Crisis’ Thuthuzela Care Centre or similar centres. The Thuthuzela Centre’s integrated approach to rape care is one of respect, comfort, restoring dignity and ensuring justice for children, women and men who are victims of sexual offences. The Centre is staffed by trained professionals who confidentially provide all the services needed by someone who has just been raped. The Centre provides care and understanding to the individual and requests medico-legal- counselling interventions.  [E05, §8–§8.2.2.1: complete scope limitation, reporting safeguards, informal and formal-process introduction]

8.2.2.2 The table below outlines processes for Sexual Offences, including but not limited to Rape, Sexual Assault and Sexual Harassment.

8.3.1 The Campus Protection Services Unit, the Gender Equity Office, the Centre for Student Support Services, and the Department of Residential Services through the ResLife Office, all have staff who are equipped to provide support and advice, specifically to students, when attempts or acts of sexual violence or sexual offences have taken place.

8.3.2 Support to the complainants/survivors will include access to:

▪ Advice and assistance;

▪ Supportive measures, including crisis counselling; assistance with access to SAPS where requested; assistance in access to emergency medical care; and, if relevant, legal advice and other services;

▪ Protective measures to mitigate the impact of the attack or the reporting thereof upon the complainant. These may include change of student residence, where requested; change of academic classes and academic relief, where appropriate; and/or special leave (staff) or leave of absence (students), where appropriate.

▪ Measures to protect the complainant from the alleged perpetrator when not arrested or on bail including removal of the alleged perpetrator from campus, letter of restraint, or (depending on the circumstances) protection orders in terms of the Domestic Violence Act or Protection from Harassment Act or other civil procedures.

8.3.4 In a case where the complainant has sustained severe injuries due to sexual violence and the complainant is rendered unconscious or incapacitated, the decision to contact next of kin lies within the discretion of the attending medical practitioner.

8.4 LEVELS OF INTERVENTIONS While the university responds along a Continuum of Care (as tabled below), it recognises the need to implement strong, effective preventative strategies that promote the safety and well-being of all university students and staff and other stakeholders that enter the university environment. This includes but is not limited to comprehensive training to all stakeholders, awareness programmes, empowerment programmes, and by-stander empowerment.  [E05, §§8.3–8.4: complete support, staff special-leave condition and prevention commitments]

8.5.1 The University recognizes that an individual who has experienced some form of Sexual Offence may wish for a quiet period to process and reflect before making the decision to or not to make a Disclosure or a Report of the incident.

8.5.2 Notwithstanding these considerations, complainants/survivors of Sexual Offences are encouraged to make a Disclosure and/or Report as soon as they are able to do so.

8.5.3 A Disclosure can be made in confidence to any Member of the University Community. A Member of the University Community who receives a Disclosure is encouraged to inform the Complainant about this Policy and to direct them to the GEU, the CPS or any of the qualifying first responder offices.

8.5.4 On a national level, it is important to note that privacy of information is protected by the Protection of Personal Information Act ( POPI Act) and as such, the institution is not allowed to release any details of the alleged perpetrator, the complainant/survivor or details about the case to the broader campus community, any social media platform, other persons, or media organisations. However, when the University is made aware of a Sexual Offence incident or incidents that pose a risk to the health, security and safety of Members of the University Community, the University will provide generic communication that affirms its commitment to address the threat to their safety.

8.5.5 It is important to note that where a Complainant chooses not to proceed with the investigation or instructs the University not to act on their Disclosure or Report anymore, the Complainant has a right to choose not to participate in such an investigation anymore but is still entitled to receive the University support and professional services outlined in this Policy.

8.5.6 In instances where an allegation of a Sexual Offence is reported or disclosed anonymously, the University has to look into a number of factors, including the information available to substantiate the allegation and to permit a fair process.

8.5.7 RIGHTS OF THE SURVIVOR/COMPLAINANT The survivor has the right to choose to lay charges or not, to request confidentiality, and to obtain representation, medical-legal advice and to access appropriate support interventions including being removed from a campus location where they do not feel safe.

8.5.8 RIGHTS OF THE ALLEGED PERPETRATOR The alleged perpetrator has the right to legal representation and appropriate support, including being removed from campus for their own safety. The University will take reasonable steps to protect Complainants, alleged perpetrators and others who participate in a University process addressing the allegations of Sexual offences from any threats or form of retaliation. Threats of or acts of retaliation against the Complainant directly or at the instance of the alleged perpetrator will be treated as continued Sexual offence, including Gender Based Violence offences.  [E05, §8.5: complete disclosure, privacy, support-choice, rights and anti-retaliation provisions]

9. REVIEW The University acknowledges that addressing Sexual Offences on campus is an evolving process, therefore the University will periodically revisit this Policy, its procedures and associated support services. It will review it at the appropriate time, amend and conduct relevant consultations with Members of the University Community. [E05, §9: review commitment]