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Prevention of Discrimination, Bullying and Harassment Procedure

Procedure overview

1 Purpose

To:

  • promote an environment which values diversity and is free from Discrimination, Bullying, Harassment, Victimisation and Vilification where all Employees and Students are treated with dignity, courtesy and respect
  • implement procedures and awareness raising strategies to ensure that all Employees and Students know their rights and responsibilities in order to provide a safe and inclusive work, teaching and learning environment
  • provide opportunities for Employees and Students to resolve Complaints in a fair, timely and confidential manner
  • encourage the reporting of behaviour which breaches the Employee Complaints and Grievances Policy and protect Complainants from Victimisation or reprisals when making a Complaint
  • ensure that the University complies with its legal responsibilities in accordance with the relevant Acts.

2 Scope

This procedure applies to all persons involved in University related activities including Employees of the University (including visiting and adjunct appointments), Students (including Students visiting from another institution), University contractors, consultants whether or not they are Employees, and those who provide services to the University community.

3 Procedure Overview

The University is actively committed to protecting the rights of both Students and Employees to achieve their full potential in an environment which values and affirms diversity and is free from Discrimination, Bullying, Harassment, Victimisation and Vilification. The University will take all reasonable steps and actions to ensure that Employees and Students will be treated fairly and with dignity and respect whilst working or studying at the University.

4 Procedures

As outlined in the Code of Conduct Policy and the Student Code of Conduct Policy, individuals are responsible for making themselves aware of and adhering to University policy on all forms of Discrimination, Bullying and Harassment.

Discrimination, Bullying and Harassment will not be tolerated at the University under any circumstances and may in fact be unlawful under State or Commonwealth law.

4.1 Forms of Discrimination

The Anti-Discrimination Act 1991 prohibits Discrimination on the basis of the following attributes:

  • sex
  • relationship status
  • parental status
  • race
  • religious belief or activity
  • political belief or activity
  • impairment
  • trade union activity
  • lawful sexual activity
  • pregnancy
  • breastfeeding
  • family responsibilities
  • gender identity
  • sexuality
  • age
  • or an association with, or relation to, a person identified on the basis of any of the above attributes.

For an explanation of these terms, refer to the Explanation of Attributes Schedule.

Discrimination can either be direct or indirect.

  • Direct Discrimination takes place when an individual is disadvantaged or treated less favourably than another person. An example of direct Discrimination is failing to employ someone because he or she is in a wheelchair.
  • Indirect Discrimination happens when a practice or policy appears to be fair because it treats everyone the same way but actually disadvantages people from a particular group. An example of indirect Discrimination is requiring all people who apply for a certain job to pass a written grammar test, even though being able to write in English is not necessary for the job. This test might exclude more people whose first language is not English.

4.2 Forms of Harassment

Under federal and state legislation, it is unlawful to harass someone based on any of the attributes specified under the anti-discrimination or human rights legislation. Below are some examples of behaviours that Harassment can take under particular attributes, however this is not an exhaustive list.

4.2.1 Sexual Harassment

Sexual Harassment occurs when a person is subjected to unwanted sexual conduct and which makes a person feel offended, humiliated and/or intimidated where that reaction is reasonable in the circumstances. Sexual Harassment can take various forms such as:

  • unwelcome touching, hugging or kissing; staring or leering or suggestive comments; sending sexual material online or via email
  • unwanted invitations to go out on dates or requests for sex; insults and taunts based on a person's sex
  • behaviour which would also be an offence under the criminal law, such as physical assault, indecent exposure, sexual assault, stalking or obscene communications.

4.2.2 Disability Harassment

Under the Disability Discrimination Act 1992, it is unlawful to harass someone based on their disability or based upon a relative or associate having a disability. Their disability may be in the past, the present or the future. Examples include:

  • making rude, abusive or insulting comments or using actions about a person's disability which are insulting or humiliating, such as suggestive pictures, jokes or computer screensavers
  • making comments or using actions which create a hostile environment
  • using overbearing or abusive behaviour with a person with a disability.

4.2.3 Racial Harassment

Racial Harassment is any behaviour which is reasonably likely to 'offend, insult, humiliate or intimidate' and can consist of behaviour which negatively comments on a person's race, colour, nationality, accent or ethnic origin. Examples include:

  • racially oriented ridicule, e.g. derogatory reference to physical features, skin colour or cultural and religious observances or imitating someone's accent
  • displaying or circulating racist cartoons or literature or writing racist graffiti
  • isolation or segregation on the basis of race or ethnicity wearing racist symbols (such as badges) or clothing with racist slogans in public.

4.2.4 Sexuality

Harassment under the grounds of sexuality covers those who are heterosexual, lesbian, gay or bi-sexual. Vilification is also prohibited on the basis of sexuality or gender identity. Examples include:

  • using derogatory language on the phone, in person or in online discussions to describe a person based on their sexuality or their sexual preference
  • using posters in public places to abuse people because of their sexuality
  • websites inciting hatred of people who are gay or lesbian, or deriding people on the basis of their sexuality in public meetings.

4.2.5 Gender-based Harassment

Gender-based Harassment is defined as a person who identifies as a member of the opposite sex by living or wanting to live as someone of that sex, or a person of indeterminate sex, who seeks to live as a member of a particular sex. It can include behaviour such as:

  • telling someone to use a toilet that doesn't fit with that person's gender self-identity
  • derogatory language such as referring to someone as "it", remarks, jokes or practical jokes
  • Employees in the reception area of a business discussing a person and making derogatory comments and encouraging members of the public to join in.

4.2.6 Age-based Harassment

Age based Harassment consists of negative references resulting from stereotypes of what people are capable of doing at a particular age. It may include:

  • derogatory remarks about a person's age, mental and physical capabilities and appearance
  • patronising or humiliating someone because of their age
  • isolation or segregation based on someone's age
  • circulating ageist cartoons or literature, displaying offensive age related material on walls, online or on computer screens.

4.2.7 Workplace Harassment

As described under the Work Health and Safety Act 2011 (Qld), Workplace Harassment may include:

  • physical or verbal abuse
  • excluding or isolating a person from normal work interaction, training and development or career opportunities, unreasonable "administrative sanctions" e.g., undue delay in processing applications for training, leave or payment of wages
  • psychological harassment such as unexplained job changes and meaningless tasks, assigning tasks beyond a person's skills, failure to give credit where due
  • intimidation - for example using unwarranted threats of disciplinary action
  • repeated threats of dismissal or other severe punishment for no reason
  • giving a person an impossible job or deadline; sabotaging someone's work by deliberately withholding vital information or resources; hiding documents or equipment, not passing on messages, or creating a situation of 'under-work' with a feeling of uselessness
  • maliciously excluding or isolating a person from work activities
  • unacceptable aggressive manner from the Supervisor
  • insulting messages or gestures, such as leaving offensive messages on email or on the telephone.
  • inappropriate use of discussion boards and interactive chat rooms
  • humiliating a person through gestures, by using sarcasm, belittling someone's opinion, patronising or intimidating remarks
  • spreading misinformation or malicious rumours
  • constant criticism or insults
  • manipulating the impression of others to split the work group into taking sides
  • displaying written or pictorial material which may degrade or offend certain Employees
  • spreading gossip or false, malicious rumours about a person with an intent to cause that person harm.

4.3 What Discrimination, Bullying and Harassment is not

Managers and Supervisors have responsibilities to manage and supervise their Employees, particularly with regard to unsatisfactory performance of duties. Lecturers and Supervisors also have responsibilities to provide academic guidance and advice to Students. Such comment and advice may include critical statements and feedback along with monitoring and review of work and academic performance. The act of correcting Employees and Students, pointing out areas for improvement, invoking performance counselling or misconduct procedures does not in itself constitute Bullying or Harassment. Managers, Supervisors and lecturers have a responsibility to establish and maintain a workplace free from Bullying and Harassment by offering constructive and legitimate advice and comment in a way that does not demean or humiliate either Employees or Students.

4.4 Responsibility for the eradication of Discrimination and Harassment

The University will take all reasonable steps to prevent or minimise unlawful Discrimination, Bullying, Harassment, Victimisation and Vilification against Employees or Students in the workplace and learning environment. It will implement and monitor specific policies, procedures and training programs to help minimise the scope and impact of discriminatory attitudes and practices in the workplace in order to reduce its legal liability. The University will proactively monitor identified workplace and learning environment concerns, and implement strategies and support to minimise risks to Employees, Students and the organisation.

All Employees are expected, when carrying out their duties, to show respect towards all persons.

Individual Employees and Students have a responsibility not to participate in discriminatory, harassing or victimising behaviour within the workplace or learning environment and to behave in a respectful, tolerant and equitable manner to all members of the University community.

Managers, Supervisors and lecturers have a particular responsibility to:

  • take reasonably practicable steps to ensure that their workplace or learning environment both on-campus and online, is free from Discrimination, Bullying and Harassment
  • inform all Employees and Students clearly of what is and is not acceptable behaviour and advise that if claims of Discrimination, Bullying, Harassment, Victimisation or Vilification are substantiated, then disciplinary procedures may be invoked
  • inform Employees and Students of the support available to them for resolving Informal Complaints including the names of designated Harassment and Diversity Contact Officers and the support offered by Human Resources and Student Services to people experiencing Discrimination, Bullying, Harassment, Vilification or Victimisation
  • inform Employees and Students who experience Discrimination, Bullying and Harassment of their rights and provide them with the appropriate policy and procedures to resolve their concerns
  • ensure that the Employee or Student not be made to feel that they should take certain action, or no action because of their responsibility to Employees or other Students
  • ensure that Employees and Students who make a Complaint are not victimised for doing so and respect their privacy and confidentiality at all times
  • ensure that the policies and procedures in relation to the resolution of a grievance/Complaint are followed as written
  • seek appropriate assistance from the Staff Support and Equity Advisor (Human Resources) or the Manager (Student Equity and Disability) if required.

The Staff Support and Equity Advisor (Human Resources) in conjunction with the Manager (Student Equity and Disability) are responsible for:

  • education and training campaigns within the University to eliminate Discrimination, Bullying and Harassment
  • providing advice to Supervisors on Discrimination, Bullying and Harassment
  • providing advice to Employees on Discrimination, Bullying and Harassment
  • providing or arranging training, support and in-service for Harassment and Diversity Contact Officers
  • nominating external Mediators and Investigators to the Director of Integrity and Professional Conduct or Director (Human Resources) for inclusion on the approved list of external Mediators and Investigators
  • securely archiving all documentation pertaining to Complaints according to the University policy on record keeping and storage
  • maintaining separate statistics in a confidential data base of Complaints
  • providing regular statistical reports to the Social Justice Committee, Director of Integrity and Professional Conduct and the Vice-Chancellor
  • briefing the Vice-Chancellor on issues arising from the reports.

The Manager (Student Equity and Disability) will:

  • in collaboration with the Staff Support and Equity Advisor (Human Resources), develop and implement education and training campaigns within the University to eliminate Discrimination, Bullying and Harassment
  • provide advice to Students on Discrimination, Bullying and Harassment
  • support the Staff Support and Equity Advisor (Human Resources) in their development and provision of training and in-services for Harassment and Diversity Contact Officers
  • securely archive all documentation pertaining to Complaints relating to Student matters of Discrimination, Bullying and Harassment according to the University policy on record keeping and storage
  • maintain a confidential database of Complaints
  • provide regular statistical reports to the Staff Support and Equity Advisor (Human Resources), Social Justice Committee, Director of Integrity and Professional Conduct and Vice-Chancellor
  • brief the Vice-Chancellor on issues arising from the reports.

The relevant University sections in consultation with the Staff Support and Equity Advisor (Human Resources) have the responsibility to:

  • develop cross-cultural awareness and sensitivity among professional and academic Employees and Students
  • encourage due recognition to the history and experiences of the Aboriginal and Torres Strait Islander Peoples of Australia and other ethnic groups
  • develop training and resources to assist Employees and Students in dealing with racist incidents
  • encourage sensitivity by academic Employees and Students to all teaching, practices and materials with a view to the elimination of racist content.

4.5 Harassment and Diversity Contact Officers

The University will appoint Harassment and Diversity Contact Officers who will be equitably distributed across all campuses and centres, to ensure all University Students and Employees from all operational areas have ready access to an Harassment and Diversity Contact Officer. Harassment and Diversity Contact Officer appointments will be representative of the diverse workforce of the University.

Harassment and Diversity Contact Officers are appointed by the Vice-Chancellor, on the advice of the Staff Support and Equity Advisor (Human Resources) after consultation with the Social Justice Committee, Manager (Student Equity and Disability) and Student Guild, for a term of up to three years.

Harassment and Diversity Contact Officers will act as an initial point of contact for Employees and Students with inquiries about any form of Discrimination, Bullying and Harassment.

The names of all Harassment and Diversity Contact Officers will be publicised widely across all campuses and will be easily located via the Staff Equity and Diversity, Student Services and Social Justice sections of the University website.

4.6 Managing Complaints

Complaints of Discrimination, Bullying and Harassment will be treated seriously by the University and will be managed promptly in a thorough and confidential manner. The principles of natural justice will apply and will guide the application of this process as outlined in the Employee Discrimination, Bullying and Harassment Complaints Procedure.

4.7 Disciplinary action

4.7.1 Employees

Where Discrimination, Bullying or Harassment is found to have occurred, this may be considered as misconduct or serious misconduct and disciplinary action may be commenced against the person against whom the findings were made.

Where disciplinary action is recommended against an Employee the Director (Human Resources) will advise the Vice-Chancellor. The Vice-Chancellor will determine whether or not disciplinary action should be commenced against the person(s) subject to the findings.

Where it is determined that disciplinary action should commence against an Employee, the process of Clause 33 Disciplinary Action and Clause 34 Disciplinary Action for Misconduct or Serious Misconduct of the University of Southern Queensland Enterprise Agreement 2014-2017, or the provisions of any other relevant contract of employment, will apply.

The Vice-Chancellor will provide written advice of the Decision to both the Complainant and the Respondent.

4.7.2 Students

Students engaged in unlawful Discrimination, Bullying, Harassment, Victimisation or Vilification may be disciplined under the Student Code of Conduct Policy and the Student General Misconduct Procedure. Students found to have committed misconduct may be subject to penalties.

Where disciplinary action is recommended against a Student, the Deputy Vice-Chancellor (Students and Communities) will advise the Vice-Chancellor. The Vice-Chancellor will determine whether or not disciplinary action should be commenced against the person(s) subject to the findings.

The Vice-Chancellor will provide written advice of the Decision to both the Complainant and the Respondent.

4.7.2.1 Non-Academic Appeals

A Student found guilty of misconduct under the Student Code of Conduct Policy and the Student General Misconduct Procedure may lodge a Non-Academic Appeal against that Decision and/or the Decision of the Vice-Chancellor in relation to penalties/restitution, if any. The process for lodging a Non-Academic Appeal is outlined in the Student Complaint Management Procedure.

4.8 Frivolous and vexatious Complaints

Complaints which at any stage of an investigation are found to be unsubstantiated, misconceived, frivolous, vexatious or not lawful by reason of a provision contained in legislation, or in breach of this procedure, the University may, by notice in writing addressed to the Complainant, dismiss the Complaint.

Employees or Students who deliberately make false or malicious Complaints may be subjected to disciplinary action.

5 Resolution process

5.1 How to resolve issues of Discrimination, Bullying and Harassment

Employees and Students seeking to resolve issues of Discrimination, Bullying and Harassment can initially seek information and support (not counselling) from an Harassment and Diversity Contact Officer.

Employees and Students are encouraged to report all instances of Discrimination, Bullying or Harassment behaviour, threats of violence and violent acts involving them through the use of this policy and the associated resolution procedures. By not addressing Discrimination, Bullying and Harassment, when and if it occurs, the problem cannot be resolved and other people may be subjected to conduct, which may be unlawful, which is not tolerated by the University on any level.

If a concern is with an immediate Supervisor, the Employee can ask for assistance from that Supervisor's Manager.

A Student can seek assistance from the Course Coordinator or Student Services if the concern relates to their lecturer.

Senior Managers have a responsibility to identify Discrimination, Bullying and Harassment behaviour amongst those that they supervise, and to provide the individual with assistance to resolve these concerns. They are also required to provide individuals with an opportunity to discuss, plan, review, develop, support and progress individual performance through the University's performance planning and review process. Supervisors and lecturers can be asked to provide assistance in resolving issues of Discrimination, Bullying and Harassment.

Employees or Students wishing to lodge a Formal Complaint of Discrimination, Bullying and/or Harassment against an Employee of the University should refer to the Employee Discrimination, Bullying and Harassment Complaints Procedure.

Employees or Students wishing to lodge a Formal Complaint of Discrimination, Bullying and/or Harassment against a Student of the University are referred to the Discrimination and Harassment Complaint Resolution for Students Policy.

6 Delegated responsibilities

Approver

Level of Delegation

Vice-Chancellor

Decisions on Discrimination, Bullying and Harassment matters

Director (Human Resources)

Ensuring Employee related matters proceed in accordance with other relevant policies and timeframes, and

Providing procedure and process recommendations to the Vice-Chancellor.

Deputy Vice-Chancellor (Students and Communities)

Ensuring Student related matters proceed in accordance with other relevant policies and timeframes, and

Providing procedure and process recommendations to the Vice-Chancellor.

7 References

Nil.

8 Schedules

This procedure must be read in conjunction with its subordinate schedules as provided in the table below.

9 Procedure Information

Subordinate Schedules

Explanation of Attributes Schedule

Accountable Officer

Vice-Chancellor

Policy Type

University Procedure

Approved Date

19/6/2017

Effective Date

19/6/2017

Review Date

1/1/2019

Relevant Legislation

Age Discrimination Act 2004

Anti-Discrimination Act 1991

Australian Human Rights Commission Act 1986

Disability Discrimination Act 1992

Disability Services Act 2006 (Qld)

Equal Opportunity (Commonwealth Authorities) Act 1987

Fair Work Act 2009

Public Interest Disclosure Act 2010 (Qld)

Public Sector Ethics Act 1994

Racial Discrimination Act 1975

Racial Hatred Act 1995

Sex Discrimination Act 1984

University of Southern Queensland Act 1998

University of Southern Queensland Enterprise Agreement 2014-2017

Work Health and Safety Act 2011 (Qld)

Work Health and Safety Regulation 2011 (Qld)

Workplace Gender Equality Act 2012

Related Policies

Code of Conduct Policy

Employee Equity and Diversity Policy

Harassment and Discrimination Complaint Resolution for Students Policy and Procedure

Public Interest Disclosure Policy and Procedure

Student Code of Conduct Policy

Student Complaint and Appeal Policy

Related Procedures

Disciplinary Action for Misconduct or Serious Misconduct Procedure

Discrimination, Bullying and Harassment Complaints against Employees Procedure

Student Complaint Management Procedure

Student General Misconduct Procedure

Termination of Employment Procedure

Related forms, publications and websites

Harassment and Diversity Contact Officers

Human Resources Website

Student Equity website

Student Complaints and Appeals Management System

Student General Misconduct Procedure Penalty Schedule

Definitions

Terms defined in the Definitions Dictionary

Bullying

Bullying occurs where an individual or group of individuals repeatedly behaves unreasonably towards a person or group of persons (in this instance, a Student or group of Students), and that behaviour creates a risk to health and safety....moreBullying occurs where an individual or group of individuals repeatedly behaves unreasonably towards a person or group of persons (in this instance, a Student or group of Students), and that behaviour creates a risk to health and safety.

Complainant

A person who has made a Complaint against another person of the University community....moreA person who has made a Complaint against another person of the University community.

Complaint

An expression of dissatisfaction made in relation to an action, Decision or omission within the responsibility and control of the University, a University Member or a Student, where a response or resolution process is expected wherever possible....moreAn expression of dissatisfaction made in relation to an action, Decision or omission within the responsibility and control of the University, a University Member or a Student, where a response or resolution process is expected wherever possible.

Decision

A determination made by an Employee, contractor or other authorised delegate in the course of their duties on behalf of the University....moreA determination made by an Employee, contractor or other authorised delegate in the course of their duties on behalf of the University.

Discrimination

Occurs when a person or a group of people are treated less favourably than another person or group because of race, colour, national or ethnic origin; gender or marital status; disability; religion or political beliefs; sexual preference; or some other central characteristic. Discrimination may occur when a person is denied the opportunity to participate freely and fully in normal day-...moreOccurs when a person or a group of people are treated less favourably than another person or group because of race, colour, national or ethnic origin; gender or marital status; disability; religion or political beliefs; sexual preference; or some other central characteristic. Discrimination may occur when a person is denied the opportunity to participate freely and fully in normal day-to-day activities, for example being harassed in the workplace or being denied entry to public places and other facilities.

Employee

A person employed by the University and whose conditions of employment are covered by the USQ Enterprise Agreement and includes persons employed on a continuing, fixed term or casual basis. Employees also include senior Employees whose conditions of employment are covered by a written agreement or contract with the University....moreA person employed by the University and whose conditions of employment are covered by the USQ Enterprise Agreement and includes persons employed on a continuing, fixed term or casual basis. Employees also include senior Employees whose conditions of employment are covered by a written agreement or contract with the University.

Formal Complaint

A Formal Complaint is a written Complaint lodged with the relevant delegate, which is dealt with through a formal process of the University. It may lead to a formal investigation of allegations....moreA Formal Complaint is a written Complaint lodged with the relevant delegate, which is dealt with through a formal process of the University. It may lead to a formal investigation of allegations.

Harassment

Occurs when a person is made to feel intimidated, insulted or humiliated because of their race, colour, national or ethnic origin; sex; disability; sexual preference; or some other characteristic specified under anti-discrimination or human rights legislation. Harassment may include behaviour, comments or images which a reasonable person would consider to be offensive, humiliating, int...moreOccurs when a person is made to feel intimidated, insulted or humiliated because of their race, colour, national or ethnic origin; sex; disability; sexual preference; or some other characteristic specified under anti-discrimination or human rights legislation. Harassment may include behaviour, comments or images which a reasonable person would consider to be offensive, humiliating, intimidating or threatening.

Informal Complaint

A Complaint expressed either verbally or in writing to a relevant delegate, which is not dealt with through a formal process of the University. It may involve a discussion with relevant parties in order to receive information and explore options on resolving the matter. It does not involve a formal investigation or the determination of evidence....moreA Complaint expressed either verbally or in writing to a relevant delegate, which is not dealt with through a formal process of the University. It may involve a discussion with relevant parties in order to receive information and explore options on resolving the matter. It does not involve a formal investigation or the determination of evidence.

Mediation

A process in which parties to a dispute, with the assistance of a neutral third party ('the Mediator'), identify the disputed issues, develop options, consider alternatives and endeavour to reach an agreement. The Mediator has no advisory or other determinative role with regard to the content of the dispute or the outcome of its resolution, but may advise on or determine the process of...moreA process in which parties to a dispute, with the assistance of a neutral third party ('the Mediator'), identify the disputed issues, develop options, consider alternatives and endeavour to reach an agreement. The Mediator has no advisory or other determinative role with regard to the content of the dispute or the outcome of its resolution, but may advise on or determine the process of mediation whereby resolution is attempted.

Mediator

An individual with appropriate experience and training appointed by the University to assist the Complainant and Respondent to negotiate a solution which is acceptable to both of them but not to determine what that solution will be....moreAn individual with appropriate experience and training appointed by the University to assist the Complainant and Respondent to negotiate a solution which is acceptable to both of them but not to determine what that solution will be.

Non-Academic Appeal

A formal, written request made by a Student to a higher authority to have a Decision, in relation to a non-academic matter, overturned....moreA formal, written request made by a Student to a higher authority to have a Decision, in relation to a non-academic matter, overturned.

Respondent

A member of the University community against whom a Complaint has been made....moreA member of the University community against whom a Complaint has been made.

Sexual Harassment

Sexual Harassment is any unwanted or unwelcome sexual behaviour which makes a person feel offended, humiliated or intimidated. Sexual Harassment can take many different forms. It can be obvious or indirect, physical or verbal, repeated or one-off, and perpetrated by males and females against people of the same or opposite sex. Sexual Harassment may include: staring or leering; unnecessary fa...moreSexual Harassment is any unwanted or unwelcome sexual behaviour which makes a person feel offended, humiliated or intimidated. Sexual Harassment can take many different forms. It can be obvious or indirect, physical or verbal, repeated or one-off, and perpetrated by males and females against people of the same or opposite sex.Sexual Harassment may include:staring or leering;unnecessary familiarity, such as deliberately brushing up against a person, or unwelcome touching;suggestive comments or jokes;insults or taunts of a sexual nature;intrusive questions or statements about a person's private life;displaying posters, magazines or screen-savers of a sexual nature;sending sexually explicit emails or text messages;inappropriate advances on social networking sites;accessing sexually explicit internet sites;requests for sex or repeated unwanted requests to go out on dates;behaviour that may also be considered to be an offence under criminal law, such as physical assault, indecent exposure, sexual assault, stalking or obscene communications.Sexual Harassment is not interaction, flirtation or friendship which is mutual or consensual.

Student

A person who has been Admitted or Enrolled at the University, but has not yet graduated from their Academic Program....moreA person who has been Admitted or Enrolled at the University, but has not yet graduated from their Academic Program.

University

The term 'University' or 'USQ' means the University of Southern Queensland....moreThe term 'University' or 'USQ' means the University of Southern Queensland.

Victimisation

Any unfavourable treatment, or threats of unfavourable treatment against a person as a result of their actual or intended involvement in a complaint under the Anti-Discrimination Act 1991 or under any of these procedures. The involvement might include making a complaint, supplying information and producing documents to someone making a complaint or appearing as a witness in a proceedin...moreAny unfavourable treatment, or threats of unfavourable treatment against a person as a result of their actual or intended involvement in a complaint under the Anti-Discrimination Act 1991 or under any of these procedures. The involvement might include making a complaint, supplying information and producing documents to someone making a complaint or appearing as a witness in a proceeding under the Act. Unfavourable treatment may include adverse changes to their study or work environment, denial of access to resources, work opportunities or training, ignoring the person or lower assessment of Student work. Victimisation is an offence under the Anti-Discrimination Act 1991.

Vilification

The public incitement of hatred, serious contempt or severe ridicule of a person on the basis of the race, religion, sexuality or gender identify of a person or members of a group. It can take several forms including hate-speech, graffiti, websites and the distribution of propaganda or other forms of offensive literature. Vilification includes threatening physical harm to a person or t...moreThe public incitement of hatred, serious contempt or severe ridicule of a person on the basis of the race, religion, sexuality or gender identify of a person or members of a group. It can take several forms including hate-speech, graffiti, websites and the distribution of propaganda or other forms of offensive literature. Vilification includes threatening physical harm to a person or their property or inciting others to threaten physical harm to a person or to their property. Vilification is an offence against the Anti-Discrimination Act 1991.

Workplace Bullying and Harassment

Workplace Bullying and Harassment, under the Fair Work Act 2009, occurs where an individual or group of individuals repeatedly behaves unreasonably towards an Employee or group of Employees at work, and that behaviour creates a risk to health and safety. Within this definition: Repeated Behaviour refers to the persistent nature of the behaviour and can range in behaviours over time. Unreason...moreWorkplace Bullying and Harassment, under the Fair Work Act 2009, occurs where an individual or group of individuals repeatedly behaves unreasonably towards an Employee or group of Employees at work, and that behaviour creates a risk to health and safety. Within this definition:Repeated Behaviour refers to the persistent nature of the behaviour and can range in behaviours over time.Unreasonable Behaviour is behaviour that a reasonable person, having regard to the circumstances, may see as unreasonable. This may include but is not limited to behaviour that is victimising, humiliating, intimidating or threatening.A Risk to Health and Safety means the possibility of danger to health and safety, and is not confined to actual danger to health and safety

Definitions that relate to this procedure only

Harassment and Diversity Contact Officer

A University Employee who has volunteered to provide an initial point of contact for Employees and Students who have inquiries about any form of Workplace Bullying and Harassment, Discrimination or Harassment. The Harassment and Diversity Contact Officers are appointed by the Vice-Chancellor for a term of three years. The Harassment and Diversity Contact Officer provides information and support (not counselling) about the resolution options available to Employees and Students.

Harassment under the Disability Discrimination Act

The Disability Discrimination Act 1992 prohibits Harassment and Victimisation of Students and Employees with disabilities, on the basis of disability, including;

(a) The need for individual strategies and adjustments for a Student; and (b) The need to use such supports as a wheelchair, hearing aid, breathing support, an interpreter, a reader, an assistant or carer or a guide or hearing dog, or other appropriately trained animal.

The Act also prohibits Harassment and Victimisation of the associates of Students and Employees with disabilities, on the basis of disability.

Supervisor

Any person responsible for leading the activities of others. In the context of this procedure a Supervisor includes Employees at any classification level or title who have responsibilities for leading, managing or supervising work teams and/or individual Employees.

This may include: academic staff in charge of classes, academics who support (supervise) Students in their research, or leaders of groups using or visiting University facilities.

Reasonable Management Action

Reasonable Management Action, carried out in a reasonable manner, is behaviour expressly excluded from Workplace Bullying and Harassment claims. The behaviour must be lawful management action; it must be reasonable for the management action to be taken; and the management action must be carried out in a manner that is reasonable, taking into consideration the circumstances. It includes action such as responding to poor performance, taking necessary disciplinary action and effectively directly and controlling the way work is carried out.

Keywords

Discrimination, Bullying, Harassment, Victimisation, Vilification, EEO, Equal Employment Opportunity

Record No

13/238PL

Failure to comply with this Policy or Policy Instrument may be considered as misconduct and the provisions of the relevant Policy or Procedure applied.

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