PUR council member Martijn Klabbers thanked the Executive Board last Monday for sharing the internal annual report issued by TU/e’s confidential advisors. “This,” Klabbers said, “offers just the kind of transparency and openness the University Council is looking for. It provides this organization with the right valve to take away some of the pressure and to start with the learning process.”

The annual report contains figures about the number of cases handled by TU/e’s confidential advisors over the past year concerning undesired behavior among employees (58 cases in 2021 compared to 38 in 2020) and students (18 cases in 2021 compared to 17 in 2020). The statement about the violation of their own position and safety can be found in a list of eight recommendations. In their report, the confidential advisors say that they want to meet with the Executive Board to discuss ‘the work of the confidential advisor, the dilemmas they face in daily practice, the importance of an exemplary function, and the question of what it means to be independent.”

Credibility

The reason for that meeting is described as follows: ‘This year (2021, ed.), we were confronted with a situation in which the confidential advisors felt that their safety was being violated when leadership and management broke the rules that have been set down in the TU/e Code of Conduct For Undesirable Behavior and the TU/e Complaints Procedure For Undesirable Behavior. This has undermined our credibility.’ The report does not mention the exact nature of the case, nor does it specify where within the organization it took place.

Ellen Konijnenburg of staff faction PUR asked questions about the report on behalf of the University Council during Monday’s council meeting. “What measures are being taken to deal with this violation, and what is being done to prevent similar cases from occurring again in the future? The confidential advisors have told us that this is their greatest concern. We also believe that this will have consequences not just for the confidential advisors, but also for those who come forward with complaints and for the victims.” Konijnenburg asked the Executive Board for an extensive plan that pursues these matters in depth.

Vice-president Nicole Ummelen informed the University Council that the matter has by now been discussed with the confidential advisors, and spoke of “negligence.” Ummelen: “The confidential advisors have at this point expressed their confidence in the future again. We will continue to carefully monitor this to prevent it from happening again.” Further inquiries by Cursor reveal that trust among this group has indeed been restored.

Personal relationships

The confidential advisors also recommend that TU/e should add a section on personal relationships on the work floor to its Code of Conduct For Undesirable Behavior. Examples of such a section can be found at the universities of Maastricht, Twente and Leiden. In addition, measures should be taken to better protect the safety of individuals who are accused of misconduct and of those who witnessed instances of misconduct. If not, there is a risk, the confidential advisors say, that relevant facts can’t be properly investigated.

Vice-president Ummelen said that a preliminary version of a code of conduct for personal relationships at the workplace has been drafted. The unions, the confidential advisors and the University Council’s HR committee all contributed to that code. A second version will follow soon, Ummelen said “The safety of individuals who are accused of misconduct will be taken into account as well.”

Another recommendation concerned the Whistleblowers Authority Act, which came into effect in late 2021. The act needs to be added to the Complaints Procedure for Undesirable Behavior as soon as possible, according to the confidential advisors. TU/e would gladly cooperate, Ummelen said, and she told the University Council that additional information will follow soon.

Conclusion

In their final conclusion, the confidential advisors say that there was a significant increase in the number of cases of undesired behavior last year compared to 2020, and that the cases have become more serious too. There was a particularly sharp increase in the number of cases related to bullying (from 2 to 9) and to persons in a position of leadership (from 1 to 12), whereas the number of cases of intimidation decreased (from 19 to 12). The total number of registered cases, incidentally, was 56 in 2019.

Only a small number of students reported cases of undesirable behavior in 2021 (18) compared to employees. In 2020, 17 cases were reported. The confidential advisors believe that an increase in the number of confidential advisors within associations, and the introduction of SpeakUp – a site where people can report cases of misconduct – might change this, since both initiatives have low thresholds.