Sexual Harassment Policy

Written: Dec 2007

Reviewed:

Purpose

Burgmann Anglican School is committed to equity in education and employment.  The School supports the right of all students and staff to study and work in an environment free from sexual harassment.  Sexual harassment is unacceptable behaviour.  It will not be tolerated at the School and will be dealt with accordingly.

Associated Policies

The following student welfare policies should be read in conjunction with the Sexual Harassment Policy:

These Student Welfare Policies reflect Burgmann’s commitment to adopt the National Safe Schools Framework under the Commonwealth Government Schools Assistance Act 2004. The Safe Schools Framework assists school in addressing issues of bullying, harassment, violence, and child abuse and neglect. It presents a way of achieving a shared vision of physical and emotional safety and wellbeing for all students in all Australian schools. 

The Framework recognises the need for sustained positive approaches that include an appreciation of the ways in which social attitudes and values impact on the behaviour of students in our school communities. Such approaches encourage all members of the school community to:

  • value diversity;
  • contribute positively to the safety and wellbeing of themselves and others;
  • act independently, justly, cooperatively and responsibly in school, work, civic and family relationships;
  • contribute to the implementation of appropriate strategies that create and maintain a safe and supportive learning environment.

 

DEFINITION OF SEXUAL HARASSMENT

Sexual harassment is any form of sexual attention that is uninvited, unwelcome or unreciprocated and which makes a person feel humiliated, intimidated or offended.  It can be a single incident or a persistent pattern of behaviour.  It may be intentional or unintentional and is not confined to gender or sexuality.  Sexual harassment reinforces unequal and harmful relationships. 

Sexual harassment is not behaviour that is based on mutual attraction, friendship or respect.

Sexual harassment is not consensual sexual behaviour between two people who are attracted to each other.  It is not flirting, sexual horseplay, sexual games, sexual innuendoes, general compliments, or touching, hugging or patting in which both players are happy to engage.  When people are engaged in consensual sexual behaviour there is no power imbalance, there is no intimidation involved, there is no coercion, fear of reprisals or detriment to one of the participants.

 

SEXUAL HARASSMENT IS AGAINST THE LAW

Sexual harassment is illegal under the Commonwealth Sex Discrimination Act 1984, and the ACT Discrimination Act 1991.

Sexual harassment:

  • is a legally recognised form of sex discrimination;
  • can be a breach of an employer’s common law duty to take reasonable care for the health and safety of employees;
  • can be a breach of occupational health and safety legislation.

Although the Sex Discrimination Act makes sexual harassment a civil offence, some types of harassment may also be offences under the criminal law.  These include:

  • physical molestation or assault;
  •  indecent exposure;
  • sexual assault;
  • stalking;
  • obscene communications (telephone calls, letters, etc.).

 

POLICY OBJECTIVES

Through this policy, Burgmann Anglican School aims to:

  • create a working and learning environment that is free from sexual harassment and where all members of the School community are treated with dignity, courtesy and respect;
  • provide an effective procedure for complaints based on the principles of natural justice;
  • treat all complaints seriously and in a sensitive, fair, timely and confidential manner;
  • guarantee protection from any victimisation or reprisals;
  • support the reporting of behaviour which breaches this policy;
  • promote appropriate standards of conduct at all times.

 

TYPES AND EXAMPLES OF SEXUAL HARASSMENT

Australian case law has recognised two main types of sexual harassment:

1.       Sexual harassment that is accompanied by a direct or implied threat, benefit or promise.

This type of sexual harassment is sometimes termed ‘quid pro quo’ harassment or ‘sexual blackmail’ and usually occurs where the harasser has some authority to influence the terms, conditions or outcomes of an individual’s employment or education.

2.       Behaviour that creates a hostile or sexually permeated environment.

This is where sexual conduct such as crude remarks, jokes, general banter or the display of offensive material makes the working or learning environment uncomfortable for an individual and affects their performance or general enjoyment of work or education.

Examples:

  • uninvited touching;
  • uninvited kisses or embraces;
  • smutty jokes or comments;
  • making promises or threats in return for sexual favours;
  • displays of sexually graphic material including posters, pin-ups, cartoons, graffiti or messages left on notice boards, desks or lockers;
  • repeated invitations to go out, especially after prior refusal;
  • ‘flashing’ or sexual gestures;
  • sex based insults, taunts, teasing or name-calling;
  • staring or leering at a person or at parts of their body;
  • unwelcome physical contact such as massaging a person without invitation or deliberately brushing up against them;
  • touching or fiddling with a person’s clothing e.g. lifting up skirts, flicking bra straps, ‘dakking’, ‘wedgieing’;
  • requests for sex;
  • sexually explicit conversation;
  • persistent questions or insinuations about a person’s private life;
  • offensive phone calls or letters;
  • stalking;
  • sexual insults or taunting;
  • offensive e-mail messages or computer screen savers;
  • suggestive comments or innuendoes about a person’s physical appearance or sexual preference.

 

OCCURRENCE

A person (staff member or student) can be sexually harassed by a:

  • staff member
  • student
  • contractor
  • visitor to the school
  •  service provider
  • parent

Sexual harassment can occur in any school activity, on or off the campus.  This would include conferences, social events, sporting fixtures, excursions, tours, etc.

CONSEQUENCES

The aim of dealing with sexual harassment is to acknowledge what has happened, to work towards conciliation between the parties where possible, and to bring about change in behaviour.

Depending on the severity of the case, consequences could include:

  • counselling;
  • disciplinary action against the harasser (e.g. formal warnings placed on file, demotion, detention, suspension, probation or dismissal/expulsion);
  • disciplinary action against the complainant if there is strong evidence that the complaint was vexatious or malicious;
  • a written apology;
  • conciliation/mediation conducted by an impartial third party where parties agree on a mutually acceptable resolution;
  • granting special consideration for assessment purposes;
  • awareness-raising strategies for a particular group or area.

Retaliation or reprisals will not be tolerated, and disciplinary action will be taken against anyone who victimises a person for complaining of sexual harassment.

 

PROCEDURES FOR DEALING WITH SEXUAL HARASSMENT

Any person who feels he/she has been sexually harassed can deal with the situation either informally or formally.

All matters pertaining to complaints of sexual harassment, including conversations, investigations and records, must remain strictly confidential.

1.       Personnel

The following people will be involved in procedures for dealing with sexual harassment:

          1.1     Sexual harassment contact officer (SHCO)

                   Designated staff members or students who act as the first point of contact for someone who feels they may have been sexually harassed.

                   The SHCO’s role is to listen to the complaint but s/he will not be involved in the formal investigation or resolution of a complaint.

                   The Chaplains/counsellors will act as the SHCOs. There are both male and female Chaplains/counsellors on staff.

          1.2     Investigating Officer

                   A designated member of staff who will investigate formal complaints and work towards a resolution.

          1.3     Decision maker

                   A very senior administrative staff member, usually the Principal, who implements a recommended course of action.

2.       Informal Action

          2.1     an individual dealing with the situation him/herself (possibly after seeking advice from a SHCO) if the individual is confident enough to do so

          2.2     a SHCO privately conveying an individual’s concerns to the alleged harasser without assessing the merits of the case

          2.3     a SHCO observing unacceptable conduct and taking independent action.

3.       Formal Action

In dealing with formal complaints of sexual harassment, the principles of natural justice will apply:

a person who is the subject of a complaint must be fully informed of the allegations against them;

a person who is the subject of a complaint must be given full opportunity to respond to the allegations and raise any matters in their own defence;

the allegations should be properly investigated, all parties heard and relevant submissions considered;

irrelevant matters should not be taken into account;

a person who makes an allegation cannot be involved in determining it;

the decision maker must act fairly and without bias.

The following procedures will apply:

          3.1     The complainant makes a formal complaint to the investigating officer.  Allegations are particularised in writing either by:

          a)       the complainant submitting a written complaint containing details of who the complaint is against, what specific act(s) of sexual harassment are alleged, when it happened, where it happened, whether there were any witnesses or other evidence which could support the case;

          b)       the investigating officer preparing a statement setting out the allegations which is then endorsed and signed by the complainant.

          3.2     The allegations are conveyed to the alleged harasser in full.

                   The alleged harasser is notified prior to interview that a complaint of sexual harassment has been made against him/her, and is fully informed of his/her rights before an interview takes place.

                   The alleged harasser may bring someone with him/her to the interview (e.g. union official, legal representative, support person or other advocate).

                   At the interview, the investigating officer will explain the process to the alleged harasser, ensure that he/she understands the meaning of sexual harassment and clarify any misinterpretations.

          3.3     The alleged harasser is given the opportunity to defend him/herself against the allegations, and raise any evidence in support of his/her case.

          3.4     If there is a dispute over the facts, statements from witnesses and/or other relevant evidence is gathered by the investigating officer.

          3.5     On the basis of all available evidence, the investigating officer decides whether the complaint is substantiated.

          3.6     A report documenting the investigation process, the evidence, the finding and a recommended course of action is submitted to the decision-maker.

          3.7     The decision maker implements the recommended course of action or decides on an alternative one.

“From your hearts must come full Commitment (1 Kings 8:61)”