Prevention of Sexual Harassment Policy
1. Overview
As an employer and an educational institution, the University of Wollongong strongly supports the right of all persons on campus to work or study in an environment that is free from personal intimidation and harassment.
Sexual harassment is an unacceptable form of behaviour and it will not be tolerated. The University is committed to eliminating sexual harassment on campus.
2. Scope
This policy applies to all staff and students of all campuses of the University of Wollongong located within Australia and to all staff of the University of Wollongong employed within Australia undertaking activities overseas.
Many forms of harassment are unlawful; however, this policy is confined to addressing sexual harassment.
3. Delegations
The Vice-Chancellor and the Pro Vice-Chancellors (Operations and Academic) are responsible for equal opportunity, discrimination and harassment policies.
Development, coordination and implementation of the sexual harassment policy and preventative strategies are the responsibility of the Director of Employment Equity & Diversity (in consultation with the EED Committee) and the Dean of Students.
Accountability for ensuring the elimination of sexual harassment throughout faculties, schools, departments and divisions rests with all Deans, Associate Deans, Directors and unit Heads.
Elimination of sexual harassment is the responsibility of all staff and students.
4. The legal position
Sexual harassment is illegal in employment and education under the NSW Anti-Discrimination Act and the Commonwealth Sex Discrimination Act.
Employers may be held responsible for their own behaviour and the behaviour of the people they employ.
Supervisors (academic and non-academic) may also be held responsible for sexual harassment in their work area or educational setting, particularly if they fail to take appropriate action to prevent its occurrence or continuation.
5. What is sexual harassment?
Sexual harassment may be defined as any verbal or physical conduct of a sexual nature that offends, humiliates, embarrasses, intimidates or otherwise causes distress to any reasonable person in the same circumstances. It is behaviour that is unsolicited, unwelcome and unreciprocated.
It is difficult to define sexual harassment without risk of over-simplification of social relationships. It may be explicit or implicit; it may be a single incident or occur over a period of time.
In defining or identifying sexual harassment, it is normally the effect of the behaviour that is important rather than the intent. The impact of the behaviour on the recipient may determine whether sexual harassment has occurred.
Certain behaviour may be considered innocuous by some but is offensive to others. It may be difficult for the offended person to convey his or her displeasure, especially if the person giving offence is in a position of authority.
Although this policy is concerned with sexual harassment, the University has developed an Anti Bullying Policy, which refers to the broader context of harassment.
It can range from intimidating sexist comments to criminal sexual assault. Such behaviours have a sexual focus and may include:
- sex-oriented comments on physical appearance;
- dirty jokes, wolf whistling, leering, obscene gestures;
- sexual or lewd suggestions;
- persistent questions or insinuations about a person's private life;
- deliberate and unwanted physical contact such as kissing, patting, slapping, pinching or brushing against another's body;
- using a greater physical presence to intimidate or block physical access of others without unwanted physical contact;
- homophobic harassment;
- sexually offensive written, telephone or electronic communications;
- offensive displays of sexually suggestive, erotic or pornographic material. Works of art which may offend will have appropriate signage;
- requests for sexual activity in exchange for favours in the workplace or good grades etc;
- displays of nudity or inappropriate attire; or
- sexual violence, including sexual assault.
6. Sexual harassment may occur:
- among peers, co-workers, or fellow students;
- between members of the same or different sexes;
- where a person seeks sexual favour in return for control or attempts to influence or affect the career or other employment opportunity of someone over whom they exert actual or perceived authority;
- where a person uses sexual behaviour to control, influence or affect the grades, course work or educational opportunity of someone over whom they exert actual or perceived authority;
- to or from a member of the public in the course of University business;
- in any personal relationship, whether it be with a member of staff or with a student, staff should be aware that they have a responsibility to act professionally at all times.
7. What is not sexual harassment Normal mutual attraction between individuals is excluded from this definition. Sexual harassment does not occur where behaviour is mutually acceptable to the parties involved.
Staff should be aware that in any personal relationships, whether with other staff or students, it is their responsibility to act professionally at all times. Refer to the University's Conflict of Interest Policy [pdf]
8. Effects of sexual harassment
The effects of sexual harassment usually extend far beyond personal intimidation and often interfere with a person's performance in employment or education.
Threat of penalties or promises of preferential treatment may be used to obtain compliance. Submission to or rejection of such conduct may result in decisions affecting an individual's employment or academic status and prospects.
The harassed person often chooses to resign, transfer or withdraw from studies rather than complain.
Effects for students might include:
- inability to study resulting in poor performance;
- absenteeism due to stress;
- withdrawal from courses or the University; and
- reduced career prospects.
Effects for staff might include:
- lower productivity and/or poor quality work;
- absenteeism due to stress;
- workplace accidents as a result of inability to concentrate; and
- resignation and/or reduced career prospects.
As well as being damaging to the individual, sexual harassment is detrimental to the University. It is disruptive and divisive, it damages staff morale and relationships, and it may result in the loss of valuable staff/students.
9. Responses to sexual harassment
Staff members who believe that they have been subjected to sexual harassment should discuss the problem with their immediate supervisor in the first instance, provided that person is not the harasser. If that is the case, the matter should be raised with the supervisor at the next level. Advice may also be sought from the EED Unit or from human resources staff, or from staff union advisors.
Students who believe that they have been subject to sexual harassment should discuss the problem with their Subject Coordinator, Faculty Sub-Dean or Dean in the first instance provided that person is not the harasser. Advice may also be sought from the Dean of Students or from student unions (WUSA, WUPA).
The University provides a counselling service to both students and staff.
9.1 Informal Grievance Resolution
Resolution of grievances is usually most effective at a local level through direct communication between the parties involved or alternatively through a management representative or impartial mediator. While it is suggested these informal internal processes should be explored in the first instance, complainants always have the option of making a formal complaint through either internal or external processes.
9.2 Formal Grievance Resolution
Formal complaints lodged internally can be made through the Grievance Resolutions Procedures. http://staff.uow.edu.au/eed/grievanceresolution.html
The NSW Anti-Discrimination Board or Federal Human Rights and Equal Opportunity Commission are both external agencies, which receive discrimination or harassment complaints. Normally once a complaint has been lodged externally, internal processes will not be activated.
Refer to the University Directory for internal points of contact or EO Online for up to date internal and external contact and procedural information.
THE COUNCIL AND EXECUTIVE OF THE UNIVERSITY WILL NOT CONDONE ANY FORM OF SEXUAL HARASSMENT ON CAMPUS INVOLVING STAFF OR STUDENTS.
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