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Executive Board: ‘Handling of reports needs to be more logical and transparent’

16 Apr 2024 ,

Before social safety at Radboud University came under scrutiny, the Executive Board commissioned a review of its own reporting and complaint procedure. What lessons does the board draw from the findings? ‘Aftercare is essential. In the past, we have at times overlooked this.’

The rector’s early resignation, the start of an investigation into a stalking professor, and the leaking of a letter outlining misconduct within the management faculty. These are just a few of the events that have brought Radboud University into the news since the beginning of this academic year. Never has social safety on campus been so closely scrutinized as in the past seven months.

That is why, in October, the Executive Board promised to come up with a plan to improve social safety. The plan, dubbed Prevent – care – cure, was presented in December and is currently being developed into sub-projects.

Additionally, external research agency Governance & Integrity (G&I) began its task of reviewing the university’s complaints and reporting procedure in the spring of 2023. The final report was presented to the University Joint Assembly last month.

‘We recognize and acknowledge what is stated in the report.’

The researchers from Governance & Integrity, specialized in social safety, spoke with policy officers, confidential counselors, and experience experts (both reporters and defendants). Ombudsperson Nancy Viellevoye, who will be leaving the university this month, also received an invitation.

In their report, G&I make ten recommendations to strengthen the reporting and complaint procedure. For instance, the researchers advise establishing a central reporting system and setting up an advisory committee to recommend how and by whom a report should be handled. These points were already outlined in Prevent – care – cure.

Agnes Muskens. Photo: Dick van Aalst

Examples of other recommendations that the university wants to work on include: clarifying what the university exactly defines as unacceptable behavior; ensuring better support for managers; strengthening the position of the ombudsperson; and defining conditions for external investigations after a report or complaint.

‘We see this report as a support for what we are already working on in the field of social safety,’ says Agnes Muskens, Vice Chair of the Executive Board. ‘We recognize and acknowledge its content and largely adopt the recommendations. We will work on these over the next eighteen months.’

What was the reason for the investigation?

Muskens: “In recent years, various initiatives regarding social safety have been started at the university. This has led to a patchwork of initiatives, which we felt could be better integrated.”

Does the entire system for making a report need to be overhauled?

Muskens: ‘I don’t see it that way. We already have many good elements at the university, but we want a more logical structure in the support system. So that students and staff know where to go, and thereby eliminating the overlap between confidential counselors, the ombudsperson, and the integrity committee (which assesses the initial report, eds.).’

‘We are not starting from scratch,’ adds Rector José Sanders. ‘It’s about logically connecting the existing elements with each other. Much has already been developed in the faculties, and there are also ongoing training initiatives for staff and processes within HR, but there is not enough overview.’

‘We want everyone within a certain process to be treated equally.’

‘Our network of confidential counselors, for example, functions well,’ as stated by Muskens. ‘We see the number of reports increasing there. That’s a good sign because it means the threshold for reporting is lower – people are better able to reach out to the confidential counselors. We want to maintain that, but we also want a more logical and transparent handling of a report. So that everyone within a certain process is treated equally.’

Sanders: ‘And that applies to both the person making the report and the one against whom the report is made.’

Reporters and defendants are often dissatisfied with the outcome of the handling, the researchers write in their report. How can this be improved?

Sanders: ‘Reports concern things that are not going well. It seems impossible to keep everyone satisfied in all cases with how they’re handled. What we do want to achieve is that people have a better idea beforehand of what they are getting into and that they are aware of the steps that will be taken.’

José Sanders. Photo: Dick van Aalst

‘The new reporting system should include triage: at the front end, the integrity committee will assess how a problem should be handled. Does the report belong in the complaint’s procedure, or would it be better discussed with a manager or HR advisor?’

‘In addition, there needs to be more follow-up support. A report affects the reporter, the defendant, and the team around them. We need to handle that better.’

Muskens: ‘Follow-up support is essential. We have sometimes overlooked it in the past. It’s not only necessary a week later, but sometimes even a year later. The impact of a report can last quite a while. That’s a learning point.’

Governance & Integrity suggests that if you adopt all the recommendations, the complaints procedure with an external complaints committee could eventually disappear. Is that going to happen?

Muskens: ‘I can’t say for sure yet. I think the complaints procedure is sometimes still useful, although it is currently too inaccessible. We will evaluate how it can be improved.’

In the past, a complaint was also filed against a member of the Executive Board. Does that still play a role?

Muskens: ‘That’s why I’m very cautious. Especially when it concerns a complaint against a member of the board, it’s useful to have it handled independently and externally.’

We’ve heard stories of reporters being advised by confidential counselors not to file a complaint because the procedure would be too burdensome.

Sanders: ‘It might have been intended more as a warning: that reporters need to realize what they’re getting into when they file a complaint. If it’s so discouraging that it prevents people from pursuing the complaint, then we have work to do. If an incident is worthy of a complaint, someone must be able to file one.’

Ombudsperson

One of the recommendations made by Governance & Integrity is to strengthen the position of the ombudsperson. This is noteworthy because the current ombudsperson, Nancy Viellevoye, told Vox two weeks ago that she is quitting her ombuds work because she couldn’t do enough for reporters.

She found herself on the sidelines too often, she said, because university administrators often opt for an external investigation instead of using the university’s own ombudsperson. Moreover, Viellevoye was overwhelmed by individual reports from staff, which prevented her from identifying patterns of unwanted behavior.

‘It now happens that people approach HR, a confidential counselor, and the ombudsperson simultaneously.’

The points mentioned in the G&I report are clearly reflected. The researchers suggest that the ombudsman should function as a ‘last resort’ for employees who cannot resolve issues through ‘internal systems’. Furthermore, the ‘mandate and capacity’ of the ombudsperson should be better utilized by transferring individual cases to other parties.

How do you view Nancy Viellevoye’s departure as ombudsperson?

Muskens: ‘I recognize much of the criticism Nancy mentioned in the interview. But let me point out that it was a new role. She had several tasks, including conducting independent investigations, identifying patterns, and providing improvement proposals. Because many employees in employment conflicts were unclear about where to turn, they came to her. In those discussions, Nancy also added evident value.’

‘In the long term, our action plan should result in the ombudsperson not having to deal with all these employment conflict questions. For example, we need to strengthen the HR departments and clarify where people can turn in the event of a conflict.’

Sanders: ‘It now happens that people approach HR, a confidential counselor, and the ombudsperson simultaneously. Then it becomes quite busy at those offices. That’s where the triage point in the reporting system will come into play, so that a report ends up in the right place.’

Could Viellevoye have been kept on board, given that her criticism aligns so strongly with G&I’s advice? Couldn’t you have said to her, ‘Help us get the support structure in order’?

Muskens: ‘This is a consideration she made herself. She started with a certain ambition, but in practice, it took a lot of energy to deal with so many different issues simultaneously.’

Sanders: ‘We are going to better define the position of the ombudsperson, and in the meantime, we will appoint an interim functionary. We will incorporate the comments from Governance & Integrity and Nancy in the new job description.’

Both Viellevoye and G&I advise caution regarding commissioning external investigations in response to signals or reports. When do you think this is still necessary?

Sanders: ‘The idea is that we will have set up a reporting system with clear and consistent triage in the future. This can already prevent many issues from escalating; by referring problems to the appropriate level, they can be resolved before an investigation is needed.’

Muskens: ‘It is also important that reports are treated equally. During triage, the nature of the problem is assessed. If the report is so serious that it requires investigation, it must be done quickly and thoroughly. Generally, an investigation is handled internally, with a duration of four to six weeks. However, if the question is complex or there is insufficient research capacity, external investigation may also be conducted.’

Radboud University has had a code of conduct since 2022, but it has been contentious from the start. Experts found it too vague and woolly. Now, Governance & Integrity also states that it’s not clear enough what the university considers unacceptable behavior. Do you intend to revise the code of conduct?

Muskens: ‘In the long term, we want to evaluate the code of conduct, but we can’t tackle everything immediately. The first two recommendations we will work on are establishing a central reporting system and an integrity committee.’

‘One of the challenges is: how do you determine what constitutes a violation? And how do you document that? There is almost always a gray area, especially in allegations of harassment.’

Sanders: ‘We also want to discuss this with labor lawyers and experts. We need to define what violations are and what appropriate measures or sanctions can follow. There needs to be clarity on that.’

Muskens: ‘At the same time, you can never codify everything in advance. We need to be transparent about that.’

Media attention

In September of this year, social safety at Radboud University suddenly came under scrutiny. The direct trigger for this was a broadcast by the radio program Argos about a psychology professor who bombarded a student with messages and confessed to being in love with her. Additionally, De Gelderlander revealed that there had been a substantiated complaint against Han van Krieken in the past for sexual harassment. The public storm that has since swept over the university campus has seemingly not yet quieted.

G&I researchers acknowledge that this type of media coverage has brought unprecedented attention to the issue of social safety. So far, you might say: that can’t be harmful. But the authors of the report also heard that the pressure behind closed doors became so high that panic took over in dealing with the media storm.

What have all these stories brought about, in your opinion?

Sanders: ‘Negative experiences leave an impression. Even when they are in the media. That has an impact on the organization and on us as administrators. And we also felt that during the rounds we made to the faculties and divisions over the past few months.’

‘Good intentions don’t necessarily lead to a good result.’

‘The issues that arose revolved around transparency, culture, and hierarchy. More specifically, it was about the responsibility people have towards others who depend on them – in education, in teams, or in PhD tracks. That responsibility should be felt more keenly- whether you’re an administrator, a professor, or a teacher. People need to become more aware of how they come across to others. Just ask once: how do I come across to you? What do you think of my course, my guidance? Do you need anything from me to do your job well?’

‘The media storm has accelerated the awareness process we need to work on. Our action plan includes sub-projects we want to tackle, but underneath lies an organizational culture that we need to address.’

What is the most important thing you have learned in recent months?

Muskens: ‘That the issue of social safety needs constant attention. I see the report as a support and confirmation that we are on the right track, but certain initiatives need to be taken quickly.’

Sanders: ‘Over the years, many people have worked on social safety with the best intentions. But good intentions don’t necessarily lead to a good result. It also needs to be well organized. That’s what we’re going to do now.’

Translated by Siri Joustra

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