Sexual Harassment Policy

Rational

The School respects the right of individuals to operate in an environment free from all forms of harassment and is committed to providing a school that is safe, harassment free and productive. Sexual harassment is unlawful behaviour under the Commonwealth Sex Discrimination Act 1984 and the Victorian Equal Opportunity Act 1995. This policy should be read in conjunction with the Department of Education and Training’s Sexual Harassment Policy and Procedures. (reference Circular 168/2002)

The School considers sexual harassment an unacceptable form of behaviour which will not be tolerated under any circumstances. This policy applies to all people in the workplace including Department and school council employees, casual staff, volunteers, contractors, students and other persons in the workplace acting as agents of the Department. Every person in the workplace is responsible for maintaining a working environment free from sexual harassment and is liable for his or her actions if sexual harassment occurs.

Sexual Harassment is broadly defined as any unwelcome verbal or physical contact of a sexual nature. Sexual harassment is personally offensive, promotes feelings of powerlessness and has a negative effect on the working environment of the school. Sexual harassment communicates to people that they are seen as a sexual object. They are denied their right to personal respect from others. It is recognised that harassment may be experienced by either gender but the majority of those subjected to it are female.

Definition

Sexual harassment is not behaviour that is based on mutual attraction, friendship and respect. Sexual harassment can be physical, verbal or visual and may include statements or transmissions by phone, fax, video conference, Internet and e-mail, and will vary in the degree and extent to which it causes affront and distress. Victims of sexual harassment are mostly female, however, both males and females can be subjected to sexual harassment from persons of the same or opposite gender. Even if the behaviour is not intended to be offensive, it may still be unlawful.

Sexual harassment may include:

comments about a person’s sex life or physical appearance.
comments of a sexual nature.
suggestive behaviours such as leering and ogling.
unnecessary physical intimacy such as brushing up against a person.
physical contact such as touching or fondling.
‘flashing’ or sexual gestures.
sexual propositions or repeated unwanted requests for dates.
making promises or threats in return for sexual favours.
sexual jokes, offensive telephone calls, displays of offensive photographs, reading matter or objects.
sending jokes or graphics of a sexual nature by e-mail, internet or fax.
unwelcome questioning about a person’s private life.
offensive computer screen savers.
unwanted requests for sex; and
stalking, indecent assault or rape (which are also criminal offences).

Sexual harassment is behaviour that is uninvited, unreciprocated and unwelcome.

Implementation:

The responsibilities of Principal and School Council include:

modelling appropriate behaviour.
monitoring the working environment to ensure as far as practicable that acceptable standards of conduct are maintained at all times and that sexual harassment is not tolerated.
promoting awareness of the avenues for advice and the complaints procedures with respect to sexual harassment as set out in this policy.
treating seriously complaints and behaviour which may constitute sexual harassment and taking immediate action.
treating complaints of sexual harassment with appropriate confidentiality.
ensuring that a person is not victimised for making, or being involved in, a complaint of sexual harassment.
identifying an appropriate contact person (such as a sexual harassment contact person) to provide information and support to complainants or respondents (the sexual harassment contact person should not provide support to a complainant and a respondent involved in the same matter).
referring to this policy within the school charter (including reference to this policy in the school, student and staff codes of conduct and practice).
where an allegation involves a student, ensuring that an appropriate network of support, guidance, counselling and liaison with parents/guardians is established in accordance with duty of care obligations.
Directing staff to undertake PD/training as designated by DE&T.
Provide staff and School Council with copies of the Sexual Harassment and Policy and Procedures documentation.

All employees have a responsibility to:

comply with the Department’s Sexual Harassment Policy and Procedures.
participate in any training provided by the Department.
model appropriate behaviour.
treat information in relation to sexual harassment allegations with appropriate confidentiality.
ensure that a person is not victimised for making or being involved in, a complaint of sexual harassment.

The role of the Sexual Harassment Contact Person is to:

be familiar with the Sexual Harassment Policy and Procedures including the procedures for dealing with allegations of sexual harassment.
understand the negative effects that sexual harassment can have in the workplace, and particularly the effect that making a complaint can have.
act as a point of contact for any person considering making a complaint or seeking information about sexual harassment.
provide the complainant with information about the various options and avenues for advice and the complaints procedures.
where the allegation has been made by a student, ensure that an appropriate network of support, guidance, counselling and liaison with parents/guardians is established in accordance with duty of care obligations.
liaise as necessary with the principal or manager and the Department’s Complaints and Investigations Unit.
understand that the role of the sexual harassment contact person is to provide information and support to the complainant, and does not extend to investigation, conciliation, making a judgement about what constitutes sexual harassment, or other intervention; participate in any training provided by the Department.