Elimination of Discrimination and Harassment Procedures
Category: Campus Life
1. POLICY SUPPORTED
Equal Opportunity Policy
Complaints Policy
2. APPLICATION
All Staff and Students
3. EXCEPTIONS
Nil
4. DEFINITIONS
Nil
5. PROCEDURES
5.1 Context for these procedures
5.1.1 In reading this procedure, all students and staff need to be aware of the University's Equal
Opportunity Policy which states that all students and staff shall comply with all relevant legislation
on equal opportunity and that the University will take all reasonable steps to ensure that students
and staff are able to study and work in an environment free from discrimination and harassment.
5.2 Strategies and Actions by which the policy is to be implemented
5.2.1 General Principles
5.2.1.1 Discrimination and harassment may occur between staff, between staff and students
or between students. It can occur between those of equal or unequal status within the
University. It may be intentional or unintentional.
5.2.1.2 Discrimination and harassment are against University policy and both constitute
unlawful behaviour against another person based on the provisions contained in all relevant
legislation, including the Racial Discrimination Act (1975), Sex Discrimination Act (1984),
Disability Discrimination Act (1992), Equal Opportunity Act (1984), Age Discrimination Act
(2004) and the Workplace Gender Equality Act (2012).
5.2.1.3 Discrimination and harassment constitute unacceptable behaviour. The University
may consider disciplinary action if a student or staff member is found to have discriminated
against or harassed another student or staff member.
5.2.1.4 The University does not have the right to intervene in personal relationships. It does,
however, have a proper concern where discrimination or harassment:
5.2.1.4.1 creates an intimidating, hostile or offensive educational and/or work
environment;
5.2.1.4.2 adversely affects an individual's performance in education or work;
5.2.1.4.3 adversely affects an individual's employment, promotion, or scholarly
prospects;
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5.2.1.4.4 results in resignation, unfair dismissal, or withdrawal from units or programs
of study; and/or
5.2.1.4.5 reflects on the integrity and standing of the University.
5.2.1.5 As well as prohibiting the direct discrimination or harassment of one individual by
another, equal opportunity legislation states that any person who causes, instructs, induces,
aids or permits another person to engage in harassment shall be deemed to have done the
action also and shall be penalised accordingly.
5.2.1.6 The University is committed to taking all action necessary to prevent, and where
reported, resolve incidents of harassment and discrimination.
5.2.1.7 Process for the Resolution of Complaints of Discrimination and Harassment found in
Appendix 1 to these procedures has been developed as a means of resolving complaints.
5.2.1.8 It is the responsibility of all students and staff to ensure that proper standards of
conduct are upheld. The University and staff in supervisory and academic positions have a
responsibility to ensure that the University is free from discrimination and harassment.
5.2.1.9 Failure by the University to deal seriously with complaints of discrimination or
harassment or to take prompt, effective action, or remedial action, to deal with complaints
can be seen as condoning or tolerating such behaviour. Managers are required to address
any discrimination or harassment they observe rather than waiting for a complaint to be
made.
5.2.1.10 Students and staff who become aware of discrimination or harassment are
encouraged to bring it to the attention of their supervisor as it may affect other students and
staff as well as productivity and working relationships.
5.2.1.11 Confidentiality is paramount when dealing with discrimination and harassment.
Confidentiality guidelines should be adhered to, to minimise any legal actions resulting from
breach of confidentiality.
5.2.1.12 Allegations of discrimination or harassment must be lodged with the University
within 12 months after the date on which the contravention of the policy is alleged to have
occurred. Notwithstanding, the University, on good cause being shown, may accept a
complaint which is lodged more than 12 months after the date referred.
5.2.1.13 Where, at any stage of an investigation, the University is satisfied that a complaint is
frivolous, vexatious, misconceived, lacking in substance or relates to an act that is not
unlawful by reason of a provision contained in legislation nor in breach of this policy the
University may, by notice in writing addressed to the complainant, dismiss the complaint.
5.2.2 Monitoring
5.2.2.1 The University is committed to ensuring an environment free of discrimination and
harassment for its students, staff, and other members of its community and bona fide visitors,
and supports this by providing a supportive and educative framework. In addition, under
equal opportunity legislation, the University has a legal responsibility to protect both students
and staff from discrimination and harassment. The University supports the legislation by
developing and implementing policies, procedures and guidelines to assist students, staff,
and members of the University community and bona fide visitors, in preventing discrimination
and harassment and resolving complaints where these occur.
5.2.2.2 The University reports annually to the Workplace Gender Equality Agency on
measures taken to prevent discrimination and harassment covered under legislation.
5.3 Resolution of Complaints
5.3.1 Staff in supervisory and academic positions are expected to utilise these procedures in
taking all reasonable and appropriate steps to eliminate discrimination and harassment from the
University environment.
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5.4 Procedures for those who think they have been discriminated against or harassed
5.4.1 Individuals who think they have been discriminated against have available to them the
Process for the Resolution of Complaints of Discrimination and Harassment (See Appendix 1).
5.4.2 Complainants are entitled to lodge their complaint with an appropriate external authority,
such as the Equal Opportunity Commission or the Australian Human Rights Commission but are
encouraged to exhaust internal mechanisms in the first instance.
5.5 Process for the Resolution of Complaints of Discrimination and Harassment
5.5.1 Staff in supervisory and academic positions are expected to use the procedures in taking all
reasonable and appropriate steps to eliminate discrimination and harassment from the University
environment.
5.5.2 The Process for the Resolution of Complaints of Discrimination and Harassment is to be
found at Appendix 1 to this document.
5.5.3 Examples of harassment are to be found in Appendix 2 to this document.
5.5.4 Supervisors/Academic Staff with Responsibility for Students and/or Staff is to be found at
Appendix 3 to this document.
5.5.5 Responsibility of Students/Staff is to be found at Appendix 4 to this document.
5.6 Implementation
5.6.1 The University will notify all students and staff of procedures for the reporting of complaints
of discrimination and harassment.
5.6.2 University Staff Induction will provide information about the resolution of complaints of
discrimination and harassment.
5.6.3 University Management training will provide information about managers' and supervisors'
responsibilities in relation to the prevention of discrimination and harassment and the procedures
for complaints resolution.
5.7 Performance Indicators
5.7.1 The following performance indicators will be used to evaluate the effectiveness and
efficiency of the policy.
5.7.2 Effectiveness indicators indicate the extent to which the procedures are achieving purpose.
5.7.2.1 Number of complaints on each ground annually.
5.7.2.2 Total number of complaints annually.
5.7.2.3 Percentage of complaints resolved within the University annually.
5.7.2.4 Percentage of staff population reporting awareness of Equal Opportunity Policy and
Elimination of Discrimination and Harassment Procedures in confidential surveys.
5.7.2.5 Percentage of staff population reporting discrimination or harassment in confidential
surveys.
5.7.2.6 Number of complaints referred to external bodies.
5.7.2.7 Resolution process used for complaints resolved as the percentage resolved
internally and the percentage resolved externally.
5.7.3 Efficiency indicators measure the relationship between outputs and inputs or inputs and
outputs.
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5.7.3.1 Targeting of education programs measured as:
5.7.3.1.1 general staff attending education programs (as a percentage of total general
staff population);
5.7.3.1.2 academic staff attending education programs (as a percentage of total
academic staff population); and
5.7.3.1.3 supervisors/managers attending education programs (as a percentage of
total supervisor/manager population)
6. LIST OF SCHEDULES
Appendix 1 - Process for the Resolution of Complaints of Discrimination and Harassment
Appendix 2 - Examples of Harassment
Appendix 3 - Supervisors/Academic Staff with Responsibility for Students and/or Staff
Appendix 4 - Responsibility of Students/Staff
7. OTHER RELEVANT DOCUMENTS/LINKS
Racial Discrimination Act 1975 (Cwlth)
Equal Opportunity Act 1984 (WA)
Sex Discrimination Act 1984 (Cwlth)
Disability Discrimination Act 1992 (Cwlth)
Disability Services Act 1993 (WA)
Racial Hatred Act 1995 (Cwlth)
Workplace Relations Act 1996 (Cwlth)
Age Discrimination Act 2004 (Cwlth)
Workplace Gender Equality Act 2012 (Cwlth)
Policy Manager
Deputy Vice-Chancellor, Education
Director, Corporate Values & Equity
Contact
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Tel: 9266 2772
Approval Authority
Deputy Vice-Chancellor, Education
Review Date
1st August 2017
4
REVISION HISTORY
Revision
Ref. No.
Approved/
Amended/
Rescinded
Date
Committee/Board
Resolution Number
Document Reference
E001/P1.1
Approved
03/01/2002
Academic Senate
AS 44/02
Attachment 2 to Document
No AS 26/02
E001/P1.2
Amended
07/12/2005
Planning and
Management
Committee
PMC 80/05
Document No 00867/05
E001/P1.2A
Administratively
Updated
13/06/2006
E001/P1.2B
Amended
25/10/2006
Administratively
Updated
Administratively
Updated
Administratively
Updated
Administratively
Updated
20/03/2008
12/09/2008
17/06/2010
15/10/2012
Reformatted
Council
Director, Legal and
Compliance Services
Director, Legal and
Compliance Services
Director, Legal and
Compliance Services
Director, Legal and
Compliance Services
Amended
21/08/2014
A/Deputy ViceChancellor, Education
Administratively
Updated
20/04/2015
Director, Legal and
Compliance Services
G50-746-266
C 150/06 (iii)
Document No 01108/06
Reformatted and Amended to
Reflect Organisational Chart
Minor Policy Amendment
EM1408
Amended to Reflect
Organisational Change
Policy Manager and Contact
Updated
Unconditional
(Approval Authority also
updated)
Director, Human Resources
changed to Director, People
and Culture
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Appendix 1
PROCESS FOR THE RESOLUTION OF COMPLAINTS OF DISCRIMINATION AND
HARASSMENT
Individuals who think discrimination and/or harassment has occurred have available to them University
procedures for the resolution of complaints of discrimination and harassment.
Staff in supervisory and academic positions are expected to use the procedures in taking all reasonable
and appropriate steps to eliminate discrimination from the University environment.
Whilst complainants are encouraged to exhaust internal mechanisms for dealing with complaints in the
first instance, they are also entitled to lodge their complaint with appropriate external agencies, such as
the Equal Opportunity Commission or Australian Human Rights Commission, and, in the case of criminal
matters, the relevant Police Service.
Process for the Resolution of Complaints of Discrimination and Harassment
A number of actions are available to individuals who think that discrimination and/or harassment has
occurred. These actions may be taken in any order.
(1)
Solve it yourself.
•
•
•
Seek support from the University Counselling Service
Decide to do nothing
Talk to the person who you think is discriminating against or harassing you.
(2)
Follow the provisions of the Complaints Policy and Complaints Procedures and/or contact the
Professional Standards and Conduct Unit.
(3)
Access appropriate external agencies.
NOTE:
State and Commonwealth legislation establishes liability on the part of the University for acts done by
those employed by it or under its supervision, unless the University can demonstrate that all reasonable
steps are being taken to prevent prohibited conduct.
Accordingly, the University, in satisfying this obligation, requires staff in positions of responsibility to
observe and implement these procedures so as to ensure that all reasonable steps have been taken to
eliminate discrimination from the University.
Supervisors of students or staff must be aware of the Equal Opportunity Policy and its procedures and of
their responsibilities for the provision of a discrimination free environment.
Supervisors have particular responsibility to:
•
ensure their own conduct is above reproach and that they are aware of the behaviour of
others for whom they have supervisory responsibility;
•
explain to students and staff the University's Equal Opportunity Policy and the Elimination of
Discrimination and Harassment Procedures and student and/or staff responsibilities under
the policy and procedures;
•
encourage and facilitate the participation of students and staff in educational programs
designed to identify and eliminate discrimination in the University;
•
deal promptly and confidentially with any complaints of discrimination and/or harassment;
•
ensure that persons making a complaint of discrimination and/or harassment are not
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victimised; and
•
ensure that once a complaint has been resolved, that the behaviour is not repeated.
Confidentiality
1.
It is imperative that all information regarding discrimination and/or harassment complaints, or
discussions which could lead to a complaint, be kept confidential.
The reasons for this include:
(a)
protection from defamation actions;
(b)
prevention of victimisation of the parties involved;
(c)
prompt, successful resolution relies on minimum numbers of people involved in the
complaint;
(d)
students or staff may tend to take sides resulting in escalation of the complaint;
(e)
the alleged discriminator/harasser has a right, as a requirement of natural justice, to
expect allegations to be kept confidential; and
(f)
in the case of complaints to the Equal Opportunity Commission and the Australian
Human Rights Commission, legislation provides protection from civil actions. In the case
of complaints made under the University policy, complainants should be protected by
qualified privilege, a legal defence against claims of defamation, provided that they act
strictly as specified within the policy.
2.
Staff with written delegated authority involved in resolving the complaint, should be protected by
qualified privilege, as long as they act strictly as specified within the Equal Opportunity policy and
the Elimination of Discrimination and Harassment Procedures.
3.
It is legitimate for those involved in resolving a case of discrimination to seek advice and/or
assistance from people with expertise in the area. Details of the complaint can be given,
confidentially to: the Director, Ethics, Equity and Social Justice; Director, Professional Standards
and Conduct; the Director, People and Culture; or the Vice-Chancellor without violating the
defence of qualified privilege. Any documentation is subject to Freedom of Information
legislation.
Victimisation
1.
Experience has shown that sometimes unfavourable treatment of the complainant, subsequent to
the placing of a complaint, puts the person under further stress and can escalate the situation
beyond resolution. Such treatment is termed victimisation and is against University policy and
may also constitute unlawful activity in some instances.
2.
Victimisation includes any unfavourable treatment, such as aggression, refusing to provide
information, ignoring the person, refusing to renew a contract of employment, dismissal, or lower
assessment of student work.
3.
Victimisation of people making complaints through this complaint procedure will be treated as
seriously as the original behaviour giving rise to the complaint.
4.
Supervisory and academic staff are responsible for ensuring that victimisation of the complainant
does not occur, either immediately, or anytime after the complaint has been resolved.
Reporting
The Director, Health and Safety and the Director, Professional Standards and Conduct will include
statistics on complaints of discrimination and harassment in their reporting processes.
Record Keeping
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1.
The University shall take all necessary steps to ensure the confidentiality of any complaint.
Internal disclosure should be limited strictly to those employees who need to have access for
official purposes.
2.
The need to restrict access and maintain confidentiality affects filing and storage practice. Details
of allegations and investigatory notes shall be kept in confidential files. These shall be kept
separately from either the complainant's or respondent's Personal Files held in Human
Resources and will usually be stored in the Professional Standards and Conduct Unit.
3.
All records related to complaints of discrimination and harassment will be stored in accordance
with the University’s record keeping and disposal requirements.
Publicity
1.
The University will undertake an education and publicity campaign to raise awareness of the type
of behaviour constituting discrimination and harassment and will publicise the procedures
available for handling complaints. The University's Equal Opportunity Policy and Elimination of
Discrimination and Harassment Procedures shall be publicised in the:
•
•
•
•
•
•
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Ethics, Equity and Social Justice website
Conditions of Service information provided to new staff and to contract employees who
will be working on the University Campuses;
Student Charter;
Staff Induction;
Student Orientation; and
Documents explaining conduct requirements at Curtin
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Appendix 2
EXAMPLES OF HARASSMENT
Harassment may include:
•
•
•
•
•
•
•
•
•
unwelcome physical contact or coercive behaviour which is intended or may reasonably be
expected to be received as offensive, intimidating, derogatory or likely to cause humiliation;
insulting or threatening language and/or gestures;
interference with a person’s work space, work materials, equipment or property, apart from
what would be considered necessary for ongoing work in the particular area or as part of
normal student work;
continual unjustified and unnecessary comments about a person’s work or capacity for work;
pictures, posters, graffiti, electronic images in written materials which are offensive, obscene
or objectionable;
phone calls, letters or messages on electronic mail or computer networks which are
threatening, abusive or offensive;
persistent following within, to or from a University site (stalking);
dismissive treatment or material expressing prejudice or stereotypic assumptions about the
group to which a person belongs or may belong; and
continual exclusion of a person or group from normal conversation, work or student
assignments, work related social activities and workplace or student networks.
(Adapted from the Public Service Commission 1994.
Eliminating workplace harassment. AGPS Canberra)
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Appendix 3
SUPERVISORS/ACADEMIC STAFF
WITH RESPONSIBILITY FOR STUDENTS AND/OR STAFF
Ensure their own conduct is above reproach and that they are aware of the behaviour
of others for whom they have supervisory responsibility.
Explain to students and/or staff the University’s
Equal Opportunity Policy and Elimination of Discrimination and Harassment Procedures
and outline students and/or staff responsibilities.
Promote educational programs designed to identify
and eliminate discrimination and harassment in the University.
Deal promptly and confidentially with any complaints of discrimination and harassment.
Ensure that persons making a complaint of discrimination or harassment are not victimised.
Ensure that once a complaint has been resolved, the behaviour is not repeated.
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Appendix 4
RESPONSIBILITY OF STUDENTS/STAFF
Ensure their own conduct is above reproach.
Students and/or staff need to adhere to the University’s Equal Opportunity Policy
and Procedures for the Elimination of Discrimination and Harassment
The University can, under the University’s statutes, take disciplinary action against students
found to be discriminating against or harassing other students or staff.
Ensure that persons making a complaint of discrimination or harassment are not victimised.
Ensure that once a complaint has been resolved, the behaviour is not repeated.
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