De Taalkamer strives for a safe working and learning environment for all employees, contractors and students. We are also firmly committed to diversity, including ethnic, cultural and religious diversity, gender, LGBTI, age and disability & chronic illness.

Our company takes an unequivocal stance against all forms of unwanted behavior, such as sexual harassment, discrimination, and aggression. An essential part of maintaining this safe environment is the possibility to file a complaint and have it handled properly. A complaint can be submitted to the confidential advisor, who will first and foremost seek to safeguard the interests of the complainant to the fullest extent. The victim can count on our support. Every complaint is taken seriously; the management of De Taalkamer will engage in a discussion with both the complainant and the accused immediately after the complaint is filed.

Confidential Counsellor
The company has appointed an external confidential counsellor.

The confidential counsellor provides emotional and practical support to individuals with complaints about undesirable intimacies or behaviour. The confidential counsellor advises the person(s) concerned on possible steps to be taken. The confidential counsellor guarantees the anonymity of the victim and will not take any action without explicit consent. The confidential counsellor is not tasked with mediating between the parties, as this could lead to conflicts. The role of the confidential counsellor is to support the victim and indicate which steps can be taken.

Objectives
This complaints procedure has the following objectives:

• To do justice to the individual complainant.
• To promote the quality of education and the organization of De Taalkamer.

Each person referred to in Article 1, paragraph c has the right to file a complaint. However, this complaints procedure is not intended to elevate every incident into a formal complaint. Within the lessons and within the organization there must be room for dialogue. The teacher or his/her supervisor should, where possible, be the first point of contact in case of problems or questions. The complainant should therefore approach the aforementioned as soon as possible after the issue arises, thereby creating the opportunity to make immediate improvements. If, however, the dissatisfaction is of such a serious nature or concerns matters which the complainant feels cannot be addressed with the teacher, there is always the option and possibility to submit a formal complaint.

Article 1. Definitions
For the purposes of this procedure, the following definitions apply:
a. Management: the management of De Taalkamer that handles complaints, including (sexual) harassment, aggression, violence and discrimination (SHAVD).
b. Complaint: a complaint submitted in accordance with this procedure by an employee or student, or their legal representative;
c. complainant: a student, staff member, contractor or third party assigned with tasks on behalf of De Taalkamer, who has submitted a written complaint on the subject in question.
d. medewerker: a person employed by De Taalkamer in any capacity, or a third party performing work for De Taalkamer, such as an employee, contractor, intern, employee of a contractor, temporary worker, or volunteer.
e. ongewenst gedrag:
Sexual harassment: any unwanted sexual advance in the form of requests for sexual favors or other verbal, non-verbal or physical conduct (including the unsolicited distribution or deliberate consultation in the presence of others of both pornographic and sexually objectifying images or texts, including via the internet);
Aggression and violence: bullying, psychological or physical harassment, intimidation, threats or assaults against employees or students;
Discrimination: making statements, performing actions or taking decisions concerning individuals that are offensive to those individuals on the basis of their race, gender, religion, belief and/or sexual orientation, or making any distinction based on these factors;
Pesten: het systematisch, herhaaldelijk uitoefenen van psychische mishandeling door een persoon of een groep op een medewerker of student.
f. De Taalkamer: the general partnership (vof) De Taalkamer
g. student: the education participant who attends courses at De Taalkamer, as referred to in Article 8.1.1 of the Dutch Adult and Vocational Education Act (WEB), and the student;
h. confidential counsellor: the independent person appointed by the management of De Taalkamer to whom the complainant may turn for advice and support in cases of suspected or actual undesirable behaviour.
i. respondent: a student, employee or member of management whose conduct is the subject of the complaint.

Article 2. Filing a Complaint
1. A student, staff member or third party assigned with tasks on behalf of De Taalkamer who feels victimized by undesirable behaviour may file a complaint, preferably with the management or directly with the confidential counsellor. The complaint shall be addressed to: De Taalkamer, Attn. Management, Telemannhof 13, 3816 LD Amersfoort, marked ‘confidential’.
2. The management may handle the complaint itself if it believes this can be done in a straightforward manner.
3. If the complaint concerns a member of management, the complaint shall be submitted directly to the confidential counsellor.
4. If the complainant does not wish to submit the complaint first to the management, it may also be addressed directly to the confidential counsellor.
5. If several individuals feel victimized by undesirable behaviour committed by the same person or persons, they may file a joint complaint.
6. Filing a complaint does not preclude the possibility of discussing the unwanted behavior with the confidential advisor.

Article 3. Time Limits
1. After the complaint has been received by De Taalkamer, the complainant shall receive an acknowledgment of receipt and a copy of the complaints procedure within one week.
2. A complaint must be handled by the management within two weeks of the date of receipt. This period may be extended by a further two weeks if demonstrable reasons exist, provided that the complainant is informed of this in writing before the original period expires.
3. As soon as De Taalkamer has addressed the complaint to the satisfaction of the complainant, the obligation to further apply the subsequent provisions of this procedure shall lapse with regard to that complaint.

Article 4. Withdrawal of the Complaint
The complaint may be withdrawn at any time. In such case, the management shall inform the respondent and the handling of the complaint shall be terminated immediately.

Article 5. Termination of the Procedure
The complainant may, at any time during the procedure, request the committee to terminate the procedure.

Article 6. Assistance for Complainant and Respondent
1. The complainant and the respondent may be assisted by legal counsel during the complaints procedure
2. Filing a complaint or assisting a complainant or respondent may not prejudice one’s own position within the organization.

Article 7. Role of the Confidential Counselor
1.If the complainant wishes to make use of the services of the confidential advisor, the advisor’s role under this regulation is to:
a. to guide and advise the complainant;
b. to assist the complainant in submitting a complaint to the committee;
c. if desired, to provide support in filing a report with the police or judicial authorities;
d. to refer the complainant, if and to the extent necessary or desirable, to other organizations specialized in support and aftercare;
e. to provide aftercare.
2. the confidential counsellor shall maintain strict confidentiality in the performance of their duties.
3. The confidential advisor shall create a file for each complaint handled.

Article 8. Mediation
1. In the case of mediation, the person handling the complaint will contact the complainant within one week to ask whether they are open to mediation. If the complainant is willing to participate, the mediation will commence and be completed within two weeks.
2. Once the mediation has taken place, the mediator shall report the outcome in writing to the management within two working weeks. The management will then inform the complainant within two working weeks whether the solution is satisfactory. If the complainant wishes to continue the procedure at that point, they must notify the management in writing or by email within two working weeks, after which the procedure will resume.
3. If mediation does not provide a solution and the complainant wishes to initiate the complaint procedure, or if the complainant does not wish to participate in mediation at all, the management shall take the complaint into consideration.

Article 9. Investigation
1. If the management deems it necessary, or if the complainant or the accused has explicitly requested it, the management may decide to give both parties the opportunity to be heard and to respond before the management. The complainant may be assisted by a family member, a confidential advisor, or a (legal) counsel. The management may hear the complainant and the accused separately, which can also take place via telephone. If the parties are heard separately, the management may decide to hear both again. A report of the hearing will be made.
2. The management may request anyone working within or in relation to De Taalkamer to provide information regarding the matter of the complaint, in compliance with the General Data Protection Regulation (GDPR).
3. If necessary, the management may seek advice from experts or conduct an on-site investigation, in compliance with the General Data Protection Regulation (GDPR).
4. For an adequate handling of the complaint, it is necessary for the management to have access to the complainant’s personal data. By submitting a complaint, the complainant provides consent for this access.
5. The management will handle the complaint based on the available information, even if the complainant or the respondent does not comply with the management’s request to appear, provide information, submit documents, or otherwise cooperate with the investigation.
6. The management is bound by confidentiality and will protect the personal privacy of all parties involved to the greatest extent possible. Personal data concerning the complainant and the respondent will be handled and recorded with care and confidentiality, in accordance with the General Data Protection Regulation (GDPR).
7. After the completion of the investigation, additional inquiries may be conducted if, once the positions have been presented, facts or circumstances come to light that could be of significant importance for the assessment of the complaint. Both the complainant and the person whose conduct is the subject of the complaint will be informed accordingly.
8. The person whose conduct is the subject of the complaint will be provided with a copy of the complaint and any accompanying documents that are relevant to the handling of the complaint.

Article 10: Decision and Ruling of the Management
1. The management shall give a ruling on the validity of the complaint. The complaint may be deemed well-founded, unfounded, or partially well-founded. The management shall inform both the complainant and the respondent of its decision, providing a clear explanation of the reasoning.
2.The management may also – if it deems appropriate – take measures based on the findings of the investigation.
3. If the complaint is found to be (partially) well-founded, the management shall inform the complainant and the respondent within four working weeks about the management’s decision and any measures it takes based on its findings.

Article 11: Final Provisions
1. This regulation may be referred to as the Complaints Procedure on Sexual Harassment, Aggression, Violence, and Discrimination of De Taalkamer 2019.
This regulation enters into force on April 16, 2019.