REGULATION on the protection of personality, conflict management, and the fight against harassment in employment relationships within the Canton of Vaud (RPCH) - Object (RPCH)

1. The Council of State ensures the protection of the personality of the staff members of the State of Vaud in the context of their professional activity.

2. To this end, it establishes two distinct entities, the Listening and Mediation Space and the Investigation Unit.

3. The present regulation defines the framework applicable in cases of relational difficulties, infringement of personality, psychological harassment, or sexual harassment in the workplace.

1. This regulation applies to members of the staff of the State of Vaud, namely

a. persons referred to in Article 2 LPers [A];

b. persons undertaking an apprenticeship or an internship within the State of Vaud;

c. persons whose services are rented by the State of Vaud, within the meaning of the Act of 6 October 1989 on Employment Services and the Rental of Services [D] (LSE; RS 823.11).

1. Consistent in Relational Difficulties as defined in this regulation, are interactions between staff members in the professional context that cause a state of distress for a staff member.

2. Constitutes an Infringement of Personality as defined in this regulation, any unlawful violation of a personality right, such as, notably, physical and mental health, moral integrity, social consideration, the enjoyment of individual freedoms, or privacy.

3. Constitutes Psychological Harassment any succession of hostile remarks or actions, frequently repeated over a fairly long period, through which one or more persons seek to isolate, marginalize, or even exclude a person in their workplace.

4. Constitutes Sexual Harassment any unwelcome behavior of a sexual nature or any other behavior based on sexual affiliation that undermines the dignity of a person in their workplace, particularly acts of making threats, promising advantages, imposing constraints, or exerting any kind of pressure to obtain sexual favors from them.

1. The Human Resources Department [E] develops the prevention policy necessary to protect the personal rights of staff members, manage conflicts, and combat workplace harassment. In this context, it coordinates awareness campaigns and training initiatives.

2. The appointing authority ensures the establishment of working conditions free from any form of violation of personal rights and harassment, and takes all necessary measures for the prevention and management of conflicts.

3. Human resources personnel inform staff members about the applicable measures concerning the prevention and management of conflicts, protection of personal rights, and combating workplace harassment.

1. The Listening and Mediation Space is responsible for supporting the resolution of relational difficulties and conflict situations potentially constituting an infringement of personality rights or harassment at work.

2. Its missions are to

a. Participate in the implementation of preventive measures within the meaning of Article 4, paragraph 1;

b. Advise, support, and accompany staff members by making trusted persons available;

c. Conduct mediation processes;

d. Carry out analyses of the work climate.

1. The Listening and Mediation Space operates independently. Administratively, it is linked to the human resources department [E].

2. The Council of State appoints the person in charge of its management. The Director General of the human resources department has the authority to engage the personnel of the Listening and Mediation Space.

1. Any staff member who, in their working relationship with colleagues, hierarchy, service providers, or users, believes they are encountering difficulties that could harm their personality, generate a conflict, or constitute harassment, may freely call upon a trusted person from the Listening and Mediation Space.

2. The trusted person holds a recognized training qualification as a workplace trusted person or an equivalent training deemed appropriate for fulfilling their duties.

1. The trusted person's missions are to

a. Provide a listening space;

b. Inform staff members about available means and resources and support them in finding solutions;

c. Orient staff members towards competent structures, notably the persons in charge of human resources when difficulties are related to work organization, Unisanté when difficulties are related to health status, or the Investigation Unit when situations could potentially constitute harassment;

d. At the request of the staff member, accompany them to interviews related to their situation.

1. Conversations and operations conducted by the trusted person are covered by confidentiality.

2. The trusted person may not disclose to third parties any information entrusted to them in the course of their duties, unless the staff member expressly consents to it.

1. Workplace Climate Analysis

A workplace climate analysis involves a thorough examination of the situation of an entity experiencing relational, organizational, or managerial difficulties, which impair its functioning or have the potential to harm the personality of the staff members.

1. The following may request an analysis of the work climate for all or part of a service

1. The appointing authority;

2. The Head of the department to which the service belongs;

3. The Council of State;

4. The human resources department.

2. Personnel may request the human resources department to initiate a work climate analysis when 10% of the concerned staff requests it.

3. The request must be in written form and include a description of the situation.

4. When the Listening and Mediation Space identifies that the situation potentially involves harassment, it invites the appointing authority concerned to refer the matter to the Investigation Unit.

1. The Listening and Mediation Space proposes an action plan for its intervention.

2. It hears the concerned employees and proceeds with analyzing the situation.

3. Staff members whose attendance is required are obligated to participate in the process.

4. When the situation clearly involves a violation of legal or contractual duties, the Listening and Mediation Space may terminate its intervention and direct the entity that engaged it to pursue an alternative course of action.

1. Hearings are confidential and no minutes are kept.

1. At the conclusion of the analysis, the Listening and Mediation Space establishes a non-nominative report containing its assessment of the situation and its recommendations. The recommendations may include the initiation of an investigation procedure.

2. It sends its report to the entity that referred the matter, to the concerned personnel, and, if it is not the originator of the referral, to the relevant appointing authority.

3. The appointing authority determines its position on the assessment of the Listening and Mediation Space and implements the proposed measures. If it deviates from the recommendations, it must justify its position.

4. The Listening and Mediation Space closes the file once the recommended measures have been implemented or when the appointing authority has justified its position.

5. When the workplace climate analysis leads to taking measures regarding personnel, the Personnel Act [A] and its implementing provisions [F] apply.

1. Mediation is a conflict management process based on a voluntary, active, and personal approach by the individuals involved. It can be conducted between two or more staff members.

2. Mediation is conducted by a specialist in mediation from the Listening and Mediation Space, who is independent and impartial, and has not previously acted as a trusted person for any of the staff members involved. This specialist acts as a facilitator of communication and assists the parties in finding a solution to the conflict between them.

1. Who may request mediation

a. A staff member who, in their employment relationship, believes they are experiencing relational difficulties within the meaning of Article 3, letter a;

b. The appointing authority or the person designated by them, who observes a conflictual situation in their department. In such a case, they may require the staff members concerned to participate in a preliminary interview with the Listening and Mediation Space.

1. Employees are free to choose whether or not to participate in the mediation process. When it has been initiated by the appointing authority, the Listening and Mediation Space informs it of any refusals.

2. The Listening and Mediation Space may refuse to conduct the mediation if it considers that the conditions for its implementation are not met.

3. When mediation is successful, the employees concerned may sign a settlement agreement. They agree on its communication.

1. The mediator ensures the confidentiality of the process.

2. The staff members determine the content of any possible communication.

3. The meetings are not subject to minutes.

1. Mediation ends

a. If it results in an agreement;

b. If one of the personnel members involved interrupts it;

c. At the mediator's initiative when the conditions for its proper conduct are no longer met;

d. If one of the personnel members involved submits a request for investigation to the Investigation Unit.

2. The mediator informs the personnel members involved in writing of the end of the mediation and the closure of the file. She or he also informs the appointing authority when the latter has requested the process.

1. Staff members and appointing authorities are released from the duty of confidentiality with respect to the Listening and Mediation Space.

1. Data processed within the context of the trusted person service is destroyed six months after the case is closed.

2. Data processed in the context of a workplace climate analysis and the established summary are destroyed two years after the case is closed.

3. Data processed within the context of mediation is destroyed six months after the case is closed. The mediation protocol is retained for two years.

4. Anonymized data may be retained for statistical purposes.

1. The Investigation Unit is responsible for conducting investigation procedures.

2. Exceptionally, particularly when its intervention is not possible due to a conflict of interest or when it faces a workload overload, the Investigation Unit may delegate the conduct of the procedure to an external provider.

3. The provider conducts the procedure in accordance with these regulations and its implementation framework.

1. The Investigation Unit works independently. Administratively, the Investigation Unit is attached to the Chancellery.

2. The State Council appoints the person responsible for its management. The State Chancellor acts as the authority responsible for the hiring of the Investigation Unit's personnel.

1. The purpose of the investigation procedure is to establish the facts and determine whether the elements constituting psychological harassment or sexual harassment are present.

1. The opening of an investigation may be requested by

a. any staff member within the meaning of Article 2, paragraph 2, letters a and b who considers themselves a victim of harassment (the complainant);

b. the appointing authority that suspects the existence of a harassment situation in its department;

c. the Head of Department, or the State Council, respectively, when the appointing authority fails to act upon facts brought to its attention that are likely to constitute harassment.

1. The request shall be in writing. It shall include

1. a description of the facts;

2. when the matter is referred by the engaging authority or the Head of Department, the designation of one or more persons potentially victims of harassment;

3. and the designation of one or more persons potentially perpetrators of harassment (persons implicated).

2. It may be submitted at any time, but at the latest, failing which it shall lapse, two years after the cessation of the events giving rise to the request for investigation.

3. If the request is inadmissible, the Investigation Unit shall close the procedure. It shall inform the person or authority who referred the matter.

1. The parties to the procedure are the complainant or potential victim, and the person implicated.

2. The Investigation Unit informs the parties of their rights, in particular the right to be represented and assisted during the procedure. The parties may be accompanied by a person of their choice, excluding individuals who may subsequently be heard in the procedure.

1. Before determining the course of action for the request, the Investigation Unit will interview the complainant or potentially victimized person. It may interview the person implicated.

2. At the conclusion of the preliminary examination, it decides to

a. Close the investigation request;

b. Process the case.

1. The Investigation Unit dismisses a manifestly unfounded complaint. It provides reasons for its decision and notifies in writing the complainant, their appointing authority, and the person implicated if they have been heard.

1. When it decides to investigate the request, the Investigation Unit informs the parties, the relevant appointing authorities, and, if applicable, the authority that referred the matter to it.

2. The Investigation Unit summons the parties at the earliest opportunity.

3. The parties are heard without the presence of each other or their representative.

4. The Investigation Unit keeps minutes of the hearings, signed by the person heard. This document is an integral part of the case file.

5. The Investigation Unit has access to all necessary documents for conducting the investigation. For this purpose, it can directly approach the relevant appointing authorities, who are released from the duty of confidentiality towards it.

1. The Investigation Unit interviews witnesses it deems useful outside the presence of the parties and their representatives.

2. Witnesses may be accompanied by a person of their choice, excluding individuals who may be heard later in the proceedings. They cannot be represented.

3. The Investigation Unit informs witnesses of the rights and obligations related to their status. In particular, it informs them about the possibility of becoming a party to the proceedings if they consider themselves victims of harassment by the implicated person. If applicable, they must submit an application within the meaning of Article 25, paragraph 1, letter a.

4. Witnesses are released from the duty of confidentiality regarding the Investigation Unit. They are informed that their testimony must be truthful and may be used in the proceedings.

5. When the witness becomes a party to the proceedings, the Investigation Unit may, ex officio or upon request, combine in one procedure the matters that relate to the same factual situation. If applicable, the person or persons implicated are informed.

**1.** Complainants and witnesses must not suffer any prejudice as a result of their actions or testimony, subject to evident abuse. The Investigation Unit informs them of this.

**2.** If necessary, the appointing authority shall take provisional measures either spontaneously or upon the recommendation of the Investigation Unit.

1. If the complainant does not appear, it is deemed that they have withdrawn their complaint, unless a major impediment is communicated and justified no later than ten days after the impediment has ended. If applicable, the Investigation Unit shall close the procedure.

2. The persons implicated and the witnesses are obliged to appear. If they fail to do so, the Investigation Unit informs their employing authority, which takes appropriate measures if necessary.

1. When it considers the investigation to be complete, the Investigation Unit informs the parties in writing. The parties have a period of twenty days from receipt of the notice to review the file and request any additional investigative measures they deem necessary.

2. The Investigation Unit is authorized to decide whether or not to proceed with the requested measures.

1. When it considers the investigation to be definitively closed, the Investigation Unit sets a period of 30 days for the parties to determine their position in writing regarding the elements of the case file. Subject to a duly justified major impediment, this period cannot be extended.

1. The Investigation Unit prepares a report containing the statement of facts established during the investigation and its assessment regarding the existence or non-existence of harassment, as well as, where applicable, the identity of the perpetrator.

2. It sends the report to the parties, to the relevant appointing authorities, and to the Head of Department, or the Council of State when the latter has referred the matter to it.

1. Concerning the perpetrator of harassment or violations of legal and contractual duties, the employing authority shall take the necessary measures in accordance with the [A] Personnel Law.

1. The appointing authority informs the Investigation Unit and the person recognized as a victim of harassment that it has taken measures against the perpetrator of the harassment or has decided not to do so. It also informs the Department Head or the State Council, when the latter has requested the initiation of the investigation.

1. The report is attached to the personal file of the parties.

2. The Investigation Unit retains the investigation file for ten years from the date of the report, after which it is destroyed.

3. Non-identifiable data is retained for statistical purposes.

1. The Listening and Mediation Space and the Investigation Unit shall each year establish an activity report for the attention of the Council of State and the unions and umbrella associations representing staff.

2. The report shall provide information, in particular, on

a. The prevention and training measures implemented;

b. The number and nature of solicitations received by the trusted persons;

c. The number of workplace climate analyses and mediations;

d. The number of requests for investigations and their typology.

3. The report shall not contain any personal data.

1. A group is hereby established to assess the effectiveness of the mechanism.

2. The assessment group is competent to

a. Recommend measures for the prevention of and fight against discrimination and harassment in employment relationships;

b. Propose improvements to the processes for handling situations;

c. Submit its observations and proposals to the Delegation of the Council of State for Human Resources;

d. Define recognized service providers within the meaning of Article 22, paragraph 2.

3. The assessment group is composed of one representative designated by each of the trade unions and umbrella staff associations recognized by the Council of State, two representatives of the human resources department, and the Cantonal Doctor. It is chaired by the Director General of the human resources department. It may call upon experts.

4. The assessment group meets at the request of two of its members, but at least once a year upon convocation by its chairman.

**1. Within five years from the entry into force of this regulation, the Council of State shall conduct an evaluation of the conflict prevention and management system, personality protection, and measures against harassment. For this purpose, it may appoint an external expert.**

1. The investigation procedures initiated pursuant to the order concerning transitional provisions applicable to the investigation procedure regarding workplace harassment of March 16, 2022 [G] and still pending at the time of the entry into force of this regulation shall continue to be handled according to the rules provided by said order.

1. The Regulation on the Management of Workplace Conflicts and Combating Harassment and the Decree on the Transitional Terms Applicable to the Investigation Procedure in Cases of Workplace Harassment of March 16, 2022, are repealed.

**1. The Department of Culture, Infrastructure, and Human Resources is responsible for the implementation of this regulation, which comes into effect on October 1, 2024.**