Responsible officer: Vice-Chancellor

Designated officer: Deputy Vice-Chancellor

Approval authority: Council

Approval: C02/88, 26 November 2002

Last amended: 30 October 2007

Effective starting date: 27 November 2002

Any policies replaced by this policy:

Policy number: G8

Related policies and plans:

• Equity - Governing Policy
• Code of Conduct
• Certified Agreement
• Student Conduct and Discipline Policy 
• Student Grievances and Appeals - Governing Policy
• Recruitment, Selection and Appointment Policy
• University Health and Safety Policy

Related procedures:

• Staff Discrimination and Harassment Complaint Procedures
• Student Grievances and Appeals – Procedures and Guidelines

Due date for next review: 29 October 2012

1. Purpose of policy

The University of the Sunshine Coast has a legal and moral responsibility to ensure that staff, students and visitors are not subjected to behaviours, practices or processes that may constitute discrimination or harassment. Relevant legislation includes the Queensland Anti-Discrimination Act 1991, the Queensland Workplace Health and Safety Act 1995, Commonwealth Age Discrimination Act 2004, Commonwealth Disability Discrimination Act 1992, and Commonwealth Racial Discrimination Act 1975.

2. Application of policy

This policy applies to all University staff, officers, students and visitors.

3. Definitions

Discrimination is to treat an individual less favourably because of an attribute or to impose unreasonable terms or conditions for which individuals with a particular attribute are unable to comply. Attributes include:

• parental status
• pregnancy
• breastfeeding
• religious belief or activity
• political belief or activity
• relationship status
• sex
• lawful sexual activity
• gender identity
• sexuality
• age
• race, nationality or ethnic origin
• disability or impairment
• trade union activity
• family responsibilities
• physical appearance (body shape and size)
• association with, or relation to, a person identified on the basis of any of the above attributes

Vilification on the grounds of race, religion, sexuality or gender identity is also unlawful.

Harassment including workplace harassment or bullying, is repeated behaviours, other than behaviour that is sexual harassment, that is directed at an individual or group and is offensive, intimidating, humiliating or threatening, and is unwelcome and unsolicited, and unreasonable group. Behaviour is considered repeated if an established pattern can be identified.

Detailed below are examples of behaviours that may be regarded as workplace harassment, if the behaviour is repeated or occurs as part of a pattern of behaviour. This is not an exhaustive list – however, it does outline some of the more common types of harassing behaviours. Examples include:

• abusing a person loudly, usually when others are present
• repeated threats of dismissal or other severe punishment for no reason
• constant ridicule and being put down
• leaving offensive messages on email or the telephone
• sabotaging a person’s work, for example, by deliberately withholding or supplying incorrect information, hiding documents or equipment, not passing on messages and getting a person into trouble in other ways
• maliciously excluding and isolating a person from workplace activities
• persistent and unjustified criticisms, often about petty, irrelevant or insignificant matters
• humiliating a person through gestures, sarcasm, criticism and insults, often in front of students, management or other workers
• spreading gossip or false, malicious rumours about a person with an intent to cause the person harm

It is expected that staff will at times have to discuss inadequacies of performance with other staff, and may have to instruct them in more effective ways of performing their duties. These acts do not constitute harassment. Similarly, providing guidance, conducting performance counselling, commencing unsatisfactory performance procedures or misconduct procedures does not in itself constitute harassment. It is appropriate and expected that both managers and supervisors will offer constructive and legitimate advice and comment as part of their role in a way that does not demean or humiliate.

Workplace harassment is not a simple abuse of power from supervisors to subordinate employees: for example, staff or students can bully their supervisors, and bullying can occur between members of an ostensibly equal group.

Sexual harassment is any unsolicited, unwelcome and unreciprocated behaviour act or conduct of a sexual nature that embarrasses, humiliates or offends other persons. It can be a single incident or a persistent pattern and can range from subtle behaviour to explicit demands for sexual activity or even criminal assault and including but not limited to the following examples:

• inappropriate jokes or comments with sexual connotations
• the display of offensive material
• stares and leers or offensive hand or body gestures
• comments and questions about another person’s sexual conduct and/or private relationships
• persistent unwelcome invitations
• requests for sexual favours
• offensive written, telephone or electronic mail or other computer system communications
• unnecessary close physical proximity including persistently following a person
• unwelcome physical contact such as brushing against or touching a person
• denigrating comments regarding a person’s gender or sexual preference
• negative behaviours, eg intimidation or exclusions related to sex of the recipient

4. Policy

The University is committed to fostering the right of individuals to be free from discrimination and harassment while engaged in activities undertaken as part of their study, employment, or other forms of association with the University of the Sunshine Coast.

All members of the University community are to be treated with dignity, courtesy and respect in accordance with the codes of conduct for staff and students. Discrimination and harassment will not be tolerated under any circumstances and the University will take all reasonable steps to eliminate discrimination and harassment of or by staff, students, visitors and other members of the University community.

The University will use educative approaches for the prevention of discrimination and harassment, ensuring staff and students know their rights and responsibilities, and to encourage the reporting of behaviour that breaches this policy.

Should a complaint of alleged harassment or discrimination arise, the University will:

• In the case of a student making an allegation, progress the matter according to the Student Grievances and Appeals - Governing Policy and associated procedures.
• In the case of staff members or University visitors making an allegation, progress the matter according to the Staff Discrimination and Harassment Complaint Procedures.

The University will sensitively facilitate timely and appropriate action through appropriate informal and/or formal conciliatory procedural options.

5. Accountabilities and responsibilities

All staff, students and visitors are responsible for ensuring that they cooperate in the maintenance of a work and study environment which is free from harassment and discrimination.

Managers and supervisors have a further responsibility to ensure that, when an instance of harassment or discrimination is brought to their attention, they take appropriate action to remedy the situation expeditiously. Staff supervisors can seek further advice from Human Resources. Lecturers can seek further advice from Student Services.

The Director, Human Resources and Director, Student Services will monitor and report regularly to the Deputy Vice-Chancellor and Vice-Chancellor on the operation of the University’s policy.