Printed copies of this policy are not controlled. Always check the SIS to ensure this information is accurate. Policy Name CIT Student Discrimination, Harassment and Anti-Bullying Policy Policy Group Educational Policies > Students > Student Rights and Responsibilities Policy Reference Number ED.01.02.02 – 006 Purpose The purpose of this policy is to ensure a learning environment where students and staff are treated fairly with dignity and respect. Scope This policy applies to all CIT students. Definitions Bullying Bullying behaviour is a form of harassment and is based on a misuse of power in human relationships. From an occupational health and safety perspective, bullying is defined as: repeated, unreasonable behaviour directed toward a person, or group of people, which, creates a risk to health, safety and welfare. See Attachment A for more detail. Complainant A person who makes a complaint. Discrimination Is less favourable treatment of a person, or group of people, because of a specified attribute such as race, colour, ethnic origin, sex, pregnancy, breastfeeding, relationship status, age, transsexuality, disability, sexuality, union affiliation, religious or political conviction, or any other characteristic specified (Discrimination Act 1991). Harassment Harassment is any form of behaviour that is unwelcome, unsolicited, unreciprocated and usually (but not always) repeated and may be biased. It is behaviour that is likely to offend, humiliate or intimidate. Procedural Fairness/ Natural Justice Procedural fairness, also called natural justice, applies to any decision (action or inaction) that can affect the rights, interests or expectations of an individual in a direct or immediate way. It requires that: individuals are given an opportunity to be heard; decision makers act without bias or self-interest, decision makers base their decisions on evidence that is relevant to the facts in issue i.e. CIT Student Discrimination, Harassment and Anti-Bullying Policy Contact officer: Executive Director, CIT People and Organisational Governance Page 1 of 7 Date created: 22 July 2004 Date updated: 8 January 2015 Printed copies of this policy are not controlled. Always check the SIS to ensure this information is accurate. o all relevant matters are considered when reaching a recommendation/decision o irrelevant matters are not given weight in reaching a decision. Respondent Person about whom a complaint is lodged. Sexual Harassment Sexual harassment is any unwanted or unwelcome sexual behaviour, which makes a person feel offended, humiliated or intimidated. Principles 1. CIT is committed to ensuring that all CIT students, staff, and visitors are treated with dignity and respect and therefore bullying, harassment (including sexual harassment) and discrimination will not be tolerated at CIT. 2. All students and staff must take personal responsibility to create a positive, healthy learning environment and to ensure that their conduct does not include behaviours which could constitute discrimination, bullying or harassment. 3. All students must abide by the CIT Student Code of Conduct. 4. Students and staff, who experience or witness discrimination, bullying or harassing behaviour should report the incident. All reports of alleged discrimination, bullying or harassment will be treated in a fair, timely and sensitive manner in accordance with the CIT Complaints Policy Students and Community Members and the Procedures for Raising a Concern About Discrimination, Bullying and Harassment attached to this policy. 5. Procedural fairness/ natural justice will apply to the complainant and respondent for all matters raised. 6. All matters will be managed in accordance with the Information Privacy Act 2014. This means that the privacy of all parties is respected and information is only shared on a need to know basis and confidentiality cannot be guaranteed. 7. CIT will take appropriate action in relation to proven cases of discrimination, bullying and harassment. Student behaviour will be managed in accordance with the CIT Unsatisfactory Student Behaviour Policy. CIT staff behaviour will be managed in accordance with the disciplinary procedures within the relevant Enterprise Agreement. Where criminal laws may apply, CIT will refer such matters to ACT Community Policing. 8. CIT staff will be available to provide support and assistance to students in cases of unacceptable behaviour including discrimination, bullying and harassment. 9. Suspected risk of harm to a child or young person will be dealt with in accordance with the mandatory reporting requirements in the Children and Young People Act 2008. CIT Student Discrimination, Harassment and Anti-Bullying Policy Contact officer: Executive Director, CIT People and Organisational Governance Page 2 of 7 Date created: 22 July 2004 Date updated: 8 January 2015 Printed copies of this policy are not controlled. Always check the SIS to ensure this information is accurate. Delegations Delegation Manual Delegation Number Delegation Delegate Nil Executive Endorsement Version Number 001 002 003 004 005 006 Date Endorsed by BOM or BOM Delegate 22 July 2004 October 2008 August 2009 November 2010 January 2014 12 February 2015 Review Process (Initial Policy, Major Review or Minor Amendment) Initial Policy Major Review Minor Amendment Minor Amendment Minor Amendment Major Review Review Date This Policy is due for review February 2019 or when changes to work practices or the Authority Source noted below render the policy out of date. Minor amendments do not alter the review date. Documentation Authority Source Related Documents Work Health and Safety Act 2011 (ACT) Public Sector Management Act 1994 (in particular section 6 and 9 of the Code of Conduct) Discrimination Act 1991 (ACT) Human Rights Act 2004 (ACT) Ombudsman Act 1989 (ACT) Sex Discrimination Act 1984 (Commonwealth) Human Rights Commission Act 1986 (Commonwealth) Racial Discrimination Act 1975 (Commonwealth) Disability Discrimination Act 1992 (Commonwealth) Age Discrimination Act 2004 (Commonwealth) Children and Young People Act 2008 (ACT) Information Privacy Act 2014 (ACT) Higher Education Support Act 2003 (Commonwealth) Any other relevant legislation Student Code of Conduct CIT Complaints Policy – Students and Community Members Responsibilities in the Learning Environment Policy Student Equity Policy CIT Student Discrimination, Harassment and Anti-Bullying Policy Contact officer: Executive Director, CIT People and Organisational Governance Page 3 of 7 Date created: 22 July 2004 Date updated: 8 January 2015 Printed copies of this policy are not controlled. Always check the SIS to ensure this information is accurate. Unsatisfactory Student Behaviour Policy Work Health and Safety of Students Policy Supporting guide Accountabilities Policy Owner (Lead Coordinator: Executive Director, CIT People and Organisational Governance Responsible for major review and any amendments and recommends sign off by the Chief Executive) Contact Officer (Responsible for Manager, CIT Workplace Culture input and advice to the policy) Mandatory Consultation Director, CIT Student Services Manager, CIT Student Support I approve this policy. ____________________________________ Chief Executive (Acting) ____________________________________ Date CIT Student Discrimination, Harassment and Anti-Bullying Policy Contact officer: Executive Director, CIT People and Organisational Governance Page 4 of 7 Date created: 22 July 2004 Date updated: 8 January 2015 Printed copies of this policy are not controlled. Always check the SIS to ensure this information is accurate. Procedures for Raising a Concern of Discrimination, Harassment and Bullying How to raise your concerns 1. All concerns in relation to discrimination, bullying or harassment should be raised as early as possible. Advice and/or support may be sought initially and at any point of the process. This may be obtained from a number of different sources including: a CIT teacher or staff member a CIT Student Counsellor CITSA. 2. All CIT students have the right to make a complaint, regarding anything they feel is unreasonable or unfair. If a student chooses to access the complaints process, the student’s enrolment or academic progress will not be jeopardised. 3. Complaints relating to discrimination, bullying or harassment should be made in writing on the CIT Complaint form and submitted to the Executive Director People and Organisational Governance. 4. Your complaint should include: what happened when it happened how the behaviour made you feel any witnesses to the incident. 5. CIT will manage all complaints in accordance with the CIT Complaints Policy and Procedures (insert link). This includes: the Executive Director People and Organisational Governance acknowledging the complaint in writing within five working days of receipt and identifying a complaint manager (a CIT senior manager who has not previously been involved) who will look into the matters raised; applying natural justice/procedural fairness to the complainant and respondent for all matters raised; the complaint manager making recommendations to the Executive Director People and Organisational Governance on actions CIT should take in response to the complaint; and the Executive Director People and Organisational Governance providing written notification to all parties when the complaint has been finalised. CIT Student Discrimination, Harassment and Anti-Bullying Policy Contact officer: Executive Director, CIT People and Organisational Governance Page 5 of 7 Date created: 22 July 2004 Date updated: 8 January 2015 Printed copies of this policy are not controlled. Always check the SIS to ensure this information is accurate. Attachment A What is Bullying? Bullying is a form of harassment. Bullying behaviour is based on a misuse of power in human relationships. From an occupational health and safety perspective, bullying is defined as: repeated, unreasonable behaviour directed toward a person, or group of people, which, creates a risk to health, safety and welfare. A broad range of behaviours can be bullying, and these behaviours can be direct or indirect. Examples of direct forms of bullying include: verbal abuse; isolation; putting someone down; spreading rumours or making innuendo about someone; and interfering with someone’s personal property or work equipment. Bullying behaviour may include aggressive tactics like yelling or screaming abuse. They may also use subtle intimidation like inappropriate comments about personal appearance, constant criticism, deliberately excluding someone from activities, withholding information or imposing impossible deadlines. Repeated unreasonable behaviour may be a pattern of diverse incidents escalating over time. These examples are not exhaustive. Other types of behaviour may also constitute bullying. Bullying can occur between: • • • • staff and students or visitors; two or more students; teachers and students; and students and teachers. Bullying is not: • expressing differences of opinion in an appropriate manner; • giving lawful instructions; • giving feedback in an appropriate manner; and taking reasonable actions to equitably manage the learning environment. Some examples may include: o allocation of work to a student, and setting reasonable goals, standards and deadlines; o warning students about unsatisfactory behaviour; o appropriate management of a student’s unsatisfactory behaviour; o appropriate management of the learning environment. What is “reasonable” will depend on the circumstances of each case but must be assessed objectively. Cyber-bullying is harassment or bullying with the potential to be malicious and anonymous using technology; mobile phones, email or the internet (including social media). Cyber-bullying is just as serious as any other form of bullying. CIT Student Discrimination, Harassment and Anti-Bullying Policy Contact officer: Executive Director, CIT People and Organisational Governance Page 6 of 7 Date created: 22 July 2004 Date updated: 8 January 2015 Printed copies of this policy are not controlled. Always check the SIS to ensure this information is accurate. What is Harassment? Harassment is any form of behaviour that is unwelcome, unsolicited, unreciprocated and usually (but not always) repeated and may be biased. It is behaviour that is likely to offend, humiliate or intimidate. It can make it difficult for effective work to be done by the individual or groups targeted or affected by this behaviour. For harassment to occur there does not have to be an intention to offend or harass. It is the impact of the behaviour on the person who is the recipient of it, together with the nature of the behaviour, that determines whether it is harassment. Harassment in the learning environment should not be confused with legitimate comment and advice on the performance or study related behaviour of an individual or group. However, feedback should always be carried out in a constructive way that is not humiliating or threatening. What is Sexual Harassment? Sexual harassment is any unwanted or unwelcome sexual behaviour, which makes a person feel offended, humiliated or intimidated. Sexual harassment is not interaction, flirtation or friendship which is mutual or consensual (Australian Human Rights Commission). Sexual harassment can take many forms and may include: belittling jokes or comments based on gender stereotypes; behaviour which insists that gender stereotypes be maintained and exercised in the learning environment; uninvited touching, kissing or embracing; making promises or threats in return for sexual favours; displays of sexually graphic material including posters, cartoons, screen savers and any other electronic devices; repeated invitations to go out after prior refusal staring or leering at a person; sexually explicit conversation; persistent questions or insinuations about a person’s private life; and any behaviour that creates a sexually hostile environment. Sexual harassment is unlawful in educational institutions under the Discrimination Act 1991. CIT Student Discrimination, Harassment and Anti-Bullying Policy Contact officer: Executive Director, CIT People and Organisational Governance Page 7 of 7 Date created: 22 July 2004 Date updated: 8 January 2015