CIT Student Discrimination, Harassment and Anti

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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
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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
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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.
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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:
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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
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