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Frequently Asked Questions (FAQ)

Question

Do procedures countering sexual violence not limit our freedom?

In the Guidebook on Countering Sexual Harassment at the University the following provision can be found:

‘To ensure the equal treatment of all employees and students at the University of Warsaw and to protect them from sexual harassment, the following kinds of intimate relationships are considered inappropriate and inadmissible:

  • a relationship between the person leading a class (an academic teacher) and an undergraduate (BA) or graduate (MA) student – even if the person leading the class does not teach, assess the work of, nor advise the student, either presently or previously;
  • a relationship between a doctoral student leading classes and someone who takes part in those classes
  • a relationship between a lecturer and a doctoral student – if the lecturer is, or might in the future be, responsible for the progress of the student’s doctoral studies;
  • a relationship between someone working in university administration and an undergraduate (BA) or graduate (MA) student – if the employee is responsible for advising the student or has direct influence over their situation as a student.’

Does it not represent an excessive intrusion into the autonomy and privacy of all concerned? The matter concerns adult persons between whom there is no formal/teaching/educational relationship. 

 

Answer

The Guide takes into consideration practical aspects of studying from students’ perspectives – i.e., for example, compulsory participation in general university classes, which means that from students’ perspective, opportunities to participate in classes go beyond the main field of studies and classes taught by lecturers from other faculties. It therefore assumes that every lecturer may come into contact with students in other faculties at some point.

In addition, the Guide follow the existing practice carried out by the Office of the Academic Ombudsman, the long-standing experience of this Office and those involved in disciplinary committees, the Anti-Discrimination Committee, as well as the support for victims offered by the Student Ombudsman and the Consultant on Sexual Violence.

The authors of the Guide believe that the starting point is to protect all people who are in a vulnerable and dependent position, i.e., students, and not only those who enter into emotional-intimate relationships, but also the rest of class participants. They are usually people at early stages of adulthood and relationships built at university are primarily pedagogical and formative in nature. Therefore, limiting such private relationships is also an expression of responsibility. We know from social science and practice that there is a phenomenon of romanticising authority, infatuation with authority, and thus weakening boundaries by the person in love, who – due to being in an institutionally weaker position – is susceptible to exploitation. These situations do occur and the university is supposed to protect against them.

Emotional-intimate relationships between employees and students of the first and second cycles pose risks of various kinds, which are significant from the point of view of not only the people involved in the relationship but also others around them and the University of Warsaw. For example, the above risk may involve the following situations: the relationship may turn into sexual harassment if either party does not accept a breakup and takes advantage of their professional/academic position, i.a., takes revenge; the risk of defamation which may refer to relationships established between people at the university, and the risk of unequal treatment of other students (whether worse or better).

The right to privacy is limited in the case of academic relationships, just as in other professional relationships. The Guide involves recommendations relevant to the entire academic community and the university as an organisation. This means that they may be contrary to the interests of individuals. Since the University is primarily a space for formal relationships, they are superior to individual interests.

Entering into emotional-intimate relationships described in the Guide as inappropriate is a decision with calculated risk. This means that a person will not be automatically reported to the Disciplinary Committee, but if any doubts related to work and study arise, this relationship will not be to the person’s advantage. We want to remind you once again that these relationships do not happen in a social vacuum but in a specific socio-institutional context in which other people studying and working are involved.

In fact, we face situations where a lecturer from faculty X is friends with a lecturer from faculty Y. He does not teach there but participates in social events organised by lecturers and students from faculty Y. He takes advantage of these occasions to establish short-term emotional-intimate relationships with students of Faculty Y. There is no relationship between them formally, but this is still inappropriate since the students are aware of the lecturer’s status and the friendship between them and their lecturer. Taking into account these dependencies, they find it harder to refuse, and feel intimidated and exploited.

In other words, in relationships where there are dependency issues and status differences, there is no way of knowing whether the consent of the person considered lower in the social hierarchy was consensual or forced by circumstances.

Question

Can the perpetrators of violence only be people with a higher position at university or with a higher informal status? Can only people ranked lower in the hierarchy be the victims of discrimination? What about people that have equal status? Can you state beyond doubt that someone is privileged compared to another person?

How do you react when a student behaves inappropriately towards lecturers, telling ambiguous jokes, imposing, commenting on their appearance and attempting to shorten the distance, which is also accompanied by sexual overtones?

Answer

When considering inequities between two people, a difference in formal or informal status is not the only aspect to focus on. Each of us is defined by a number of characteristics and contexts. Specific individuals may therefore have unequal relationships in many ways – not necessarily unilaterally. A professor can be the victim of harassment or sexualising comments on their appearance by colleagues and students – both within and outside of university. An administrative employee, a white non-heteronormative person, can be the victim of mobbing (workplace bullying) by superiors, as well as physical violence by people belonging to an ethnic minority that is hostile towards LGBT+ people.

The Guide takes into account the fact that sexual harassment can concern, i.a., the actions taken by students towards university employees:

Anyone can be the subject of sexual harassment – irrespective of gender, age, educational achievements or one’s position within the structures of the university. It can take the form of various types of behaviour, from inappropriate jokes with sexual connotations, innuendos, touching, indecent comments, emotional blackmail, etc.

The above sample list of behaviour that can be qualified as sexual harassment also does not specify that the phenomenon applies only to relationships in which the perpetrator is a person in a higher position. This applies to every case of discrimination, harassment and hate speech! However, it is true that the largest number of sexual harassment cases relate to situations evidenced by a difference in power, influence and status, such as between lecturers and students, which is why a section on relationships has been dedicated to this issue. 

 

Question

Students turn to you with various problems and often do not want others to hear about their problems. Similarly, discussing academic papers, problems with understanding class materials or taking an oral exam with the door open would be highly uncomfortable for students. The idea that doors should be closed at the explicit request of the student puts shy people or those with anxiety disorders in a tough situation. In addition, anyone who asks for the door to be closed will consequently arouse the not necessarily friendly interest of other people queueing – especially if others did not previously do so. Do the advantages of open-door office hours really outweigh their disadvantages?

 

Answer

The recommendation stems from practices that have been applied at numerous universities, including overseas, and which have proven effective thus far. This solution is based on communication between lecturers and students, in which it is possible to request that the doors should remain closed.

We know that many faculties do not have adequate premises to implement this recommendation fully. However, it aims to draw attention to the phenomenon. Sexual harassment cases reported to the relevant units at the UW also involve situations that occured in closed-door office hours. The recommendation therefore makes both parties equally responsible for maintaining a safe, comfortable space for both of them. Moreover, the organisation of office hours and whether they should be open-door can be addressed in the first class at the beginning of the semester when the course credits are discussed.

 

See also: Guide to the Prevention of Sexual Harassment at the University of Warsaw 

Question

Is the University of Warsaw obliged to address LGBT+ issues? What does it have to do with science?

Answer

The University of Warsaw desires that everyone feels safe within its walls. The less hostility is present in everyday life, also in the form of homophobia and transphobia, the easier it is to learn and develop science. Research shows that there are from 5% up to 10% of LGBT+ people in every society. Considering that 55,000 people study and work at the University of Warsaw, our academic community includes approximately 5,000 LGBT+ people.

LGBT+ people – lesbians, gays, bisexuals, transgender and other people who do not identify themselves with a heterosexual orientation are more exposed to rejection, contempt, hatred and persecution based on their sexual orientation. What for heterosexual people is an entirely neutral part of everyday life at university – talking about their husband or wife, boyfriend or girlfriend, raising children – for LGBT+ people, it means the necessity to ‘come out’ and reveal their sexual orientation to be able to speak about their private life, even if only anecdotally. Not every social environment is perceived as a safe space where people can discuss who they are. Therefore, what is evident for heterosexual people may be stressful for LGBT+ people. Moreover, some of the LGBT + people working at the University of Warsaw got married in other EU countries. The Polish State does not recognize these relationships as legal, even though they were concluded in accordance with the law.

A study on the situation of LGBTQ people at the University of Warsaw, conducted in 2016 by the Queer UW research group, indicates that such people face many problems. For 32% of the respondents (regardless of their sexual orientation), coming out at the university could make them feel discomfort, whereas 40% of the surveyed (regardless of their sexual orientation) had faced offending non-heterosexual people publicly. The respondents who had witnessed discrimination against LGBTQ people most often had faced “dissemination of negative opinions about this person” and verbal taunts, humiliation and insults. 11% of the surveyed had faced jerks and blows, while 6% of them had been subjected to hateful emails and text messages.

In contrast, a study on the experience of equal treatment at the University of Warsaw conducted in 2019 demonstrates that 4% of the respondents had experienced negative comments on sexual orientation, and 11% had heard of such situations.

A study on the experiences of people studying in Great Britain indicated that universities were not viewed as safe spaces for LGBT+ people.
Microaggression is a particular problem – hostility related to sexual orientation and gender identity, manifested in the language: persistent misgendering of transgender people, homophobic jokes, and commenting on stereotypes about a “typical woman” and “typical man”.

LGBT+ people should not feel isolated with their problems. Their sense of security can also be ensured by colleagues – by ensuring
equality in language and intervening in situations of discrimination (research on this topic). It is also worth taking a look at the guide for allies of LGBT+ people
We aim to make the University of Warsaw a safe place for all who study and work here. Therefore,
the educational video about homophobia and transphobia is a part of the We Are All Equivalent campaign.

Universities around the world have reached similar conclusions. For example, look at the website of the University of Oxford, which provides a support network for LGBT employees, or the Harvard University website, offering support to people working and studying.

We recommend reading the report prepared by the UW Center for Research on Prejudice for the Campaign Against Homophobia:

Social situation of LGBTA people in Poland – the UW Center for Research on Prejudice (available in Polish)

 

Definitions

LGBT+ – lesbians, gays, bisexuals, transgenders and all other people not identifying with a heterosexual orientation. The abbreviation LGBTQ is also used, in which Q stands for queer, i.e., people who do not wish to specify their orientation. Nowadays, the word ‘Queer’ is also used as a synonym to describe the LGBT+ community.

Coming out – it refers to a situation in which an LGBT+ person talks openly about their psychosexual orientation for the first time. It doesn’t have to be a singular event – it’s one thing to tell loved ones about it, and another to talk about it at university or work. Coming out must not be forced. A person must not be outed without their consent.

Heteronormativity – it is a normative belief that the heterosexual orientation is the only one or the ideal, mature form – to the exclusion of all others. It manifests itself in the belief that every person encountered is heterosexual and cisgendered, and that everyone performs the gender roles traditionally assigned to men and women. Other sexual identities are perceived as deviant and marginal.

Gender identity – it signifies which gender you identify with. This is another issue that most do not think about because they identify with their assigned sex. “It’s a girl!” “It’s a boy!” – the assignment of a baby’s gender shortly after birth raises no doubts. It is a deep-rooted inner sense of belonging to social gender, which may or may not correspond to the sex assigned at birth. Gender identity reflects a personal perception of the body (which may include freely understood changes in appearance and body function carried out medically or in other ways) and how gender is expressed using clothes, speech or gestures. There are people who feel a deep incompatibility between how
they identify themselves and the sex they were assigned at birth. They often want to have their gender recognised so that the one they identify with corresponds to the sex they have been assigned. This may involve changing their name, dress and personal documentation. Sometimes it includes surgery and hormone therapy. Gender recognition and correction are not a whim or trend; quite the contrary – they stem from a very strong and pressing need.

Trans* people/Transgender people – individuals who do not identify with the sex assigned at birth.

Cisgender people – individuals who identify with the sex assigned at birth.
Non-binary people – individuals who identify neither as a woman nor as a man. They may be somewhere on the spectrum between femininity and masculinity, reject the concepts of gender altogether or combine them.

Preferred pronouns – the answer to the question “how should I address you?”. In the English language, if you are not sure how a person would like to be addressed and talked about – just say ‘they’. In the case of Polish, the easiest way is to simply ask politely. For example, you can ask everyone to introduce themselves by name, surname – and also by the preferred pronoun in situations such as the first class of the semester.

Prepared by dr hab. Julia Kubisa in co-operation with Queer UW.

 

See also (available in Polish):

Handbook “Trans* -inclusive University. Creating a student-friendly university trans* people. A guide for universities”

Handbook “Trans * -inclusive University. Creating a student-friendly university for trans* people. A guide for administration”

Handbook “Trans * -inclusive University. Creating a student-friendly university for trans* people. A guide for trans* students”

Question

My student says that they are transgender. How can I make them feel more comfortable in class?

 

Answer

Individuals who prefer a different name and pronouns to those that their ID card indicates are part of the University community.

People who prefer being addressed with a different name and pronouns than what is provided in their ID details are equal members of the academic community.

We encourage you to respect this and address them according to their preferred name and the university’s universal principle of treating everyone with respect.

In individual cases, information and assistance related to, e.g., support in the need to change data in the diploma is provided by Ms Magdalena Miksa from the Office of the Academic Ombudsman (Ombudsman UW).

There is nothing inherently wrong with addressing someone using the wrong pronoun by accident. Anyone can make a slip of the tongue and there is no need to give an excuse for the mistake. However, we encourage you not to misgender, i.e., not to use the gender pronoun from an ID card intentionally. This is painful for transgender people and negatively influences their personal enjoyment of studies.

If you are not sure how to address a transgender person – simply ask them after class or via e-mail. It can be proposed in the first class that all participants introduce themselves by their first name, surname and preferred pronoun.

Educational video on homophobia and transphobia as part of the “We are All Equal” campaign

 

Miniseries of publications prepared by young scholar society Queer UW (available only in Polish):

Handbook “Trans * -inclusive University. Creating a student-friendly university for trans* people. A guide for universities”

Handbook “Trans * -inclusive University. Creating a student-friendly university for trans* people. A guide for administration”

Handbook “Trans* -inclusive University. Creating a student-friendly university for trans* people. A guide for trans* students”

Online sources and handbooks:

„Transpłciowa młodzież w polskiej szkole. Specyfika pomocy trans płciowym dzieciom i młodzieży. Podręcznik dla nauczycieli.” (available in Polish). Wiktor Dynarski, Izabela Jąderek. Fundacja Trans Fuzja 2015

Language Observatory of the University of Warsaw

https://nowewyrazy.pl/haslo/misgenderowac-zmisgenderowac.html

https://nowewyrazy.pl/haslo/dednejm.html

Scientific publications:

„Transpłciowość w Polsce. Wytwarzanie kategorii” (available in Polish). Maria Dębińska. Instytut Archeologii i Etnologii PAN. 2020.

“O płci od nowa. Własna tożsamość oczami osób transpłciowych” (available in Polish). A. Kłonkowska, K. Bojarska, K. Witek. Wydawnictwa Uniwersytetu Gdańskiego 2015

In the 2022/23 academic year, a working team appointed by the Vice-Rector for Studies and Education Quality, Prof. Sławomir Żółtek, composed of dr hab. Julia Kubisa (chairman), dr Anna Cybulko (Academic Ombudsman) and Klaudia Pożarycka (USOS expert) prepared a comprehensive project allowing the introduction of an overlay with preferred data covering the record data to USOS and APD (Theses Archive).

This solution is intended to make it easier for transgender and non-binary persons who do not want to use their birth certificate data.

It was designed for students and Ph.D. students. Based on the experience of this pilot solution, a tool will be created for persons working at the university.

What is the difference between record data and preferred data?

Due to the lack of systemic solutions at the national level that would enable transpeople to use their preferred data, we have created a system that supports these people at the university level. This is the first comprehensive system solution of this type.

Out of respect for transgender persons, we assume that a trans person’s name is as indicated in their preferred information. This is how we address them in classes, during exams, and this is how they are addressed on the list of graduates.

Transgender persons experience various types of stress and discrimination related to the fact that they cannot live in accordance with their gender identity. We want to make life a little easier for those who need to use preferred data, because every person has the right to study and work  in decent conditions.

When entering preferred data, an alias of the email address will be created and the preferred data will appear on attendance lists.

This does not mean that the record data is canceled. All documents that go beyond the University of Warsaw, such as a diploma thesis, are published using record data.

At what stage is the project implementation?

The project was approved by the UW Legal Office and went through consultations with the UW Students’ Council and UW Doctoral Students’ Council and the Queer UW scientific circle.

Then it was transferred for IT implementation, which is currently taking place.

So what should I do if I don’t want to use record data?

We currently recommend that those persons who want to use preferred data:

  • contact Magdalena Miksa from the Academic Ombudsman Team, who will help in creating the email address: Magdalena.Miksa2@adm.uw.edu.pl
  • contact equality plenipotentiaries at faculties – these persons will help in informing lecturers about the preferred data, to avoid situations where the attendance list with record data is used. The list of the equality plenipotentiaries at faculties can be found in the Support section >> Support institutions at the UW.

Is there a place for a rainbow pride flag on campus?

In recent years, especially in the summer of 2020, the topic of hanging the pride flag appeared in discussions at at least several faculties of the University of Warsaw. Various decisions were made and based on various types of arguments – whether to raise the flag or not. Previous Rector of the University of Warsaw prof. Marcin Pałys recommended that such decisions should be made collectively at the level of faculties or other units. The current Rector of the University of Warsaw, prof. Alojzy Nowak also points out that decisions should be made at the level of faculties or other units. Position of prof. Marcin Pałys, then Rector of the University of Warsaw (available in Polish)

How to make decisions?

An example may be the case of decision-making at the Faculty of Sociology. The Students’ Council Council of the Faculty of Sociology appealed to the Council of the Faculty of Sociology to display the pride flag. The Faculty Council used the procedure (developed in September 2020) for taking a position by the Faculty, which organizes the decision-making process in such cases. Attempts were made to create a procedure that would allow decisions to be made supported by a significant majority, and at the same time allow the dissenting minority to signal its opinion. As a result of the vote, it was decided that the pride flag will hang on the building of the Faculty of Sociology throughout June 2023.

Here is a description of the Decision Making Procedure  (avaliable in Polish)

What does the pride flag displayed on the faculty building mean?

In other words, there are no significant contraindications to flying the pride flag at the faculty. The flag indicates, first of all, that this is a friendly and safe place, that LGBT+ people are at home in this building and in this space, and that they will be accepted as they are. It does not mean any specific political program, e.g. support for marriage equality, etc. It is simply a symbol of friendliness towards minorities, which historically (in many countries) and also currently (e.g. in Poland) is treated at least with reluctance.

Why in June?

Many European universities have rainbow flags hanging throughout June, and some universities officially participate in the Pride Parade. June is not accidental here because it is the month of commemoration of the events at Stonewall in New York in 1969, widely considered to be the beginning of the fight for dignity and respect for LGBT+ people. However, the political and institutional context in other European countries and in Poland is significantly different. European countries have state-implemented legal solutions for LGBT+ people, and the scale of homophobia is significantly lower. The flags flown there in June are a friendly gesture in a relatively friendly institutional environment. The case of Poland is different – since 2020, we have recorded an increase in homophobic and transphobic statements in public space, especially in political debate, and many local government units have adopted the so-called resolutions “against LGBT ideology”, which can be treated as a type of institutionalized hostility.

The importance of the pride flag at a Polish university

Research on the mental well-being and well-being of LGBT+ people conducted by the Center for Research on Prejudice at the University of Warsaw shows that this group is particularly vulnerable to depression and suicidal thoughts, experiencing social exclusion, and this condition has been worsening in recent years.

The university, as a place where many young people stay, does not have to and probably should not speak out on detailed political issues, but it can indicate that it is a friendly place. How – it depends on the faculty communities.

However, it is worth paying attention to what actually “divides us”. Do they share the pride flag representing the LGBT community and its allies, or do they share views on the community? This seems to be a good starting point for a discussion – what significance the pride flag carries for the faculty community, including any concerns and controversies.

The use of signs and symbols in the university space

It can be added that in 2020 dr Anna Cybulko and dr. hab. Julia Kubisa developed recommendations on the use of signs and symbols in university space – they contain many examples of positions taken by scientific communities:

Recommendations of the academic spokeswoman and chief equal rights specialist at the University of Warsaw regarding the use of symbols in the academic space  (avaliable in Polish)

Interesting links

exemplary European universities and their support for LGBT+ people

https://vam.univie.ac.at/fuehrungen/bereit-fuer-eine-entdeckungsreise/regenbogenfuehrungen/

https://edu.admin.ox.ac.uk/article/pride-2023-at-oxford

https://www.su.se/english/calendar/join-the-academic-pride-in-the-stockholm-pride-parade-2022-1.619480

research by the University of Warsaw Center for Research on Prejudice:

http://cbu.psychologia.pl/raporty/tematycznie/ (LGBT+ section)

 

 

Question

Will the university withdraw from participation in all female-only programmes due to the We Are All Equal campaign?

 

Answer

The actions aimed at equality and diversity result from the fact that there are continuing structural inequalities. They are present at the university as well.

Both research on equality at the University of Warsaw and other studies conducted in the higher education sector demonstrate that womens’ opportunities for scientific careers are limited compared to men. This is reflected in the statistics – while the proportions of male and female doctoral students are equal, there are fewer and fewer women at subsequent stages of scientific careers. You can read about the academic careers of women and men here.

Female scientists have identified numerous problems: the difficulty of combining scientific work – which is intensive, never-ending, and requires various kinds of travel, including longer trips – with family life. Numerous female scientists choose to have children after completing their PhD. Combining family life of this kind with the demands of achieving rapid scientific success, participating in postdoctoral training programmes, or writing multiple high-quality publications is undoubtedly challenging.

On the other hand, the slowdown of their scientific careers or the decision to interrupt them is a loss for science – because people whose achievements could greatly enrich it withdraw from the community.

Other barriers faced by female scientists include:

  • difficulty in establishing scientific contacts that partially stem from unwarranted generalisations (‘why invest in a woman, she will get pregnant soon’)
  • dominant communication styles in the field, e.g., a more confrontational style of presenting and defending research results. In the course of socialisation, women are discouraged from a confrontational style of argumentation. For instance, they are told to be aggressive rather than confident
  • women’s individual beliefs that they “are still not good enough” to apply for larger grants, submit publications to higher scoring journals etc.
  • they are victims of impostor syndrome

Based on the diagnosis of existing gender inequalities, various initiatives are therefore being taken to strengthen womens’ scientific careers.

Providing an equal climate at work and indicating that more equality means better science are principles that are not only recommended by the European Charter for Researchers but also followed by the University of Warsaw.

Dr hab. Julia Kubisa

Question

Are hostile comments against people of Vietnamese origin discrimination based on ethnicity? After all, the Vietnamese are not included to ethnic minorities on the territory of Poland?

 

Answer

In this context, the concept of ethnicity should be understood more broadly than ethnic minority, which is precisely defined by Polish law as a broad ‘ethnic’ group. A similar and probably more prominent example is the Arabs – after all, they are neither an ethnic minority according to Polish law nor a nationality. I would then classify them as a broadly defined ethnic group. Interestingly enough, the Public Opinion Research Center (CBOS), when conducting the annual survey of Poles’ sympathies for various nationalities, treats Arabs as a nation.

Marta Pietrusińska, PhD – a lecturer conducting equality courses for students at the University of Warsaw

Question

Are the solutions presented in the Gender Equality Plan for the University of Warsaw discriminatory?

Answer

No, they are absolutely not!

Pursuant to Article 33 of the Constitution of the Republic of Poland: “Men and women shall have equal rights in family, political, social and economic life in the Republic of Poland.” The Gender Equality Plan introduced at the University of Warsaw aims to provide women and men with equal rights in academic and scientific work at the University of Warsaw. Thus, the solutions considered (including those related to admissions) not only do not violate this provision but also strengthen its effect.

In fact, there is still no gender balance in university management and or in scientific research at the University of Warsaw: managerial functions are far more often held by men than by women (last term of office: 15 men and 6 women held the deanship position, in the history of the UW only one woman has been rector), the higher the academic rank, the lower the percentage of women (among assistant professors there are 1,038 women and 1,026 men, but among university professors, there are 105 women and 177 men, and in the highest category, among belvedere professors, 156 women and 347 men), in the organising committees of scientific events decision-making and leadership roles are definitely more often held by men than by women.

The Gender Equality Plan aims to bring greater diversity to the scientific community, i.a., by tackling ‘self-selection’ barriers such as people who – despite being qualified – do not decide to apply for a position or participate in the recruitment process. The research shows that women are a group that may need additional encouragement in this area. The main activities focus on the recruitment itself, i.e., reaching out to potentially interested people and formulating information about vacancies in such a way that invites a broader group of potential candidates.

In specific and exceptional situations, different treatment is necessary to redress actual social inequalities between women and men, such as those resulting from the fact that throughout history, women’s social status has prevented them from enjoying the rights granted to them on an equal footing with men or particular positions and jobs as they were stereotypically perceived as exclusively ‘feminine’ or ‘masculine’. Preferential treatment in exceptional situations of a specific gender is called ‘positive discrimination’ or ‘compensatory action’. This is fully accepted under constitutional, EU and international law.

Pursuant to the Polish Labour Code:

Article 183b § 3

  1. The principle of equal treatment in employment is not violated by conduct undertaken for a certain period of time, aimed at creating equal opportunities for all or a considerable number of employees distinguished by one or more grounds referred to in Article 183a § 1, by reducing the actual inequalities for an advantage of such employees to the extent determined in that provision.

 

Moreover, the following provisions can be found in the Act of 3 December 2010 on the Implementation of Certain Provisions of the European Union in the Field of Equal Treatment, the so-called ‘Anti-Discrimination Act’:

Artcle 11 [Actions not constituting a breach of the principle of equal treatment].

Taking actions in order to prevent unequal treatment or align disadvantages related with unequal treatment, that result from one or more reasons, referred to in art. 1, shall not constitute breach of the principle of equal treatment.

 

The application of compensatory measures is also provided for in the CEDAW ratified by Poland:

Article 4

Adoption by States Parties of temporary special measures aimed at accelerating de facto equality between men and women shall not be considered discrimination as defined in the present Convention, but shall in no way entail as a consequence the maintenance of unequal or separate standards; these measures shall be discontinued when the objectives of equality of opportunity and treatment have been achieved.

Furthermore, as early as 2014, the CEDAW Committee recommended that Poland implement temporary compensatory measures for girls and women in academic community (see more in the footnote) (1):

 

However, it must be clearly stated that the solutions adopted in the Gender Equality Plan do not actually provide for full-scale ‘positive discrimination’, such as ‘extra points for being of the underrepresented gender’. The only element remotely related to compensatory favouritism is the provision that if two candidates holding the same qualifications apply for the same job, being of the underrepresented gender becomes the determining factor. Attention is paid to various issues when dealing with identically qualified people, i.e., whether the person will fit in the team. We encourage you to consider the diversity criterion in this process. It is neither an order nor a ban, but an encouragement.

Over the next three years, we want to look closer at how recruitment processes in the organisational units take place and ensure they attract a diverse range of candidates. As stated in the planned action – we aim to create a transparent recruitment procedure in cooperation with the organisational units so that, taking into account units’ needs, people who will enrich the scientific and teaching potential of the university are admitted.  The implementation of the procedure will be conditional on the approval of the unit to be affected.

The values that the University of Warsaw is guided by are equality and respect for diversity. The decision to study at the UW means accepting the university’s mission and activities. Hence, the Equality Course will ultimately be a compulsory element of the study programme proposed by the university. It is now an optional general university course (so-called OGUN), which is very popular with students.  It is worth noting that an essential component of the Equality Course is the acquisition of skills to keep oneself and others safe, as discrimination can happen to anyone. That is why it is so important for the UW to make the university community aware of this content.

The Gender Equality Plan for the UW was developed in the deliberative formula, with the participation of interested representatives of the academic community, and the project was reviewed by recognised authorities in the field of anti-discrimination: Prof. Eleonora Zielińska (Faculty of Law and Administration, University of Warsaw), who deals with anti-discrimination law, Prof. Bożenna Chołuj, PhD, member of the Rector’s Committee for Preventing Discrimination, and Agnieszka Kozakoszczak, expert and co-author of the ‘Anti-discrimination Standard for Polish Universities’. In fact, if there were any real concerns that the provisions of the Equality Plan might discriminate against anyone (e.g., based on gender), this would certainly have been noted while drafting the document.

(1)

Education

  1. The Committee acknowledges the reforms of national curricula for basic compulsory education, which include measures to advance equal opportunities for women and men. However, it remains concerned about structural barriers negatively affecting the enrolment of girls and women in non-traditional educational and vocational fields; gender segregation in the educational system, as evidenced by the disparity in the number of schools for boys and schools for girls; the absence of mandatory, comprehensive, age-appropriate education on sexual and reproductive health in school curricula; and the low number of women in management positions in educational institutions and in professorship positions. The Committee is also concerned about the continued placement of Roma girls in special schools or classes, the high dropout rates of Roma girls from primary education and their low school attendance.
  2. The Committee recommends that the State party:

(a) Eliminate structural barriers and negative stereotypes that potentially deter girls’ enrolment in non-traditional educational and vocational fields at all levels of education;

(b) Consider adopting temporary special measures to promote girls’ take up of technical subjects and to accelerate the appointment of women to the highest positions in academic institutions.

Question

How to use ethnic names and how to talk about skin colour?

Answer

Nationalities and ethnic group names:

The most significant issue seems to be the avoidance of phraseologies referring to nationalities and ethnic groups’ names. They are usually motivated by a negative stereotype. Colloquial names, usually offensive, should also be avoided, even in informal conversation. Specific individuals should not be identified by their nationality or origin unless necessary. Suppose a name has taken on negative overtones in colloquial speech and may offend someone. In that case, it is safer to use a periphrase “a person from…” (plus the name of the country) and “a person with the nationality of …” (plus the name of the country).

Skin colour

Some Polish speakers are reluctant to use the terms czarnoskóry and osoba czarnoskóra as they perceive describing people by their skin colour as racist. Nevertheless, if we have to point to this in some way, e.g., when discussing hate crimes against such people, the term czarnoskóry is the least offensive. On the other hand, the word Murzyn – while perfectly normal only a few decades ago – is nowadays increasingly perceived as disrespectful or contemptuous, so it is best not to use it at all. For more information on the terms related to Africans and stereotypes associated with Africa, see i.a.:  Diouf i in (2011), Ohia (2013), Łaziński (2014).

African-Americans use the term Black in relation to each other as a positively valorised term. In the context of academic reflections on identity movements in the USA, the term Czarny should not be perceived as offensive, contrary to what was mentioned above.

For several years, the term person of colour (POC) has become increasingly common in the USA and English-speaking countries, emphasising nonwhiteness and the experience of systemic racism affecting non-white people with different skin colours.

People of African origin

In the case of ethnic names, it is better to say: studentki i studenci z Afryki (students from Africa), obywatele Afryki (african citizens), Afrykańczycy, Afrykanki (African). There is usually no reason to reference a person’s skin colour when talking about them, mainly because it is associated with racism, e.g., in the phrases czarni mieszkańcy Afryki (black people of Africa) or mieszkańcy czarnej Afryki (people of black Africa). The best solution is to indicate the country of the person’s origin, as we would do in the case of, e.g., a person from a European country.

Significantly, some immigrants or people born in one of the African countries who live in Poland prefer to be called czarnoskórzy Polacy (black Poles) or AfroPolacy (AfroPoles) rather than Afrykanie (Africans).


The word Murzyn, perceived as offensive by people of African origin living in Poland, has extremely negative stereotypical overtones.

The following words are used to denote people coming from the USA: Afroamerykanie and Afroamerykanki (African American). For specific historical reasons, the above term emphasises the origin of people who were violently imported and enslaved. It is also the result of the struggle against racist terms for people with black skin colour that persisted for decades in the US.

People of Asian origin

Although the dictionary definitions do not make clear, the words Azjata and Azjatka (inhabitant of Asia) are not free of negative connotations. Moreover, they are used not only to refer to people from across Asia but also, in a narrower sense, to refer to people from East Asia or East and Southeast Asia. When addressing both the inhabitants of the whole continent and its regions, it is better to use the name of the country of origin or the name of a particular place. We do not typically give examples of extremely inappropriate terms; nonetheless, we would like to remind you that terms related to the stereotypical perception of the appearance of East Asian people, such as żółty, żółtek, skośnooki are unacceptable.

Other ethnic names

Numerous ethnic names will likely appear in academic discourse in abstract references in geography or economics lectures. We do not deal with all such names here. We do not mention Inuit, who are no longer referred to as Eskimos, the Sami, who are increasingly less likely to be called Lapps, or Indians, who are now commonly referred to as Native Americans (not to mention the inappropriateness of using the old term czerwonoskórzy). We leave the choice of the correct ethnic name to the specialists in the field.

Prof. Mirosław Bańko, prof. Jadwiga Linde-Usiekniewicz, dr hab. Marek Łaziński prof. UW

Supplemented by: dr hab. Julia Kubisa prof. UW

 

See also: Linguistic recommendations (available in Polish)