Harassment & Bullying Policy CBC1 & CBC2 Standard 16.1.1.c.vii, QAIS Quality Areas 1, 2, 5 and 7; OSHCQA Principles 7.1, 7.2, 7.3 & 8.6 Introduction and Definitions There is a legal onus on employers to educate about and prevent harassment and bullying, including sexual, verbal, emotional and physical harassment. The purpose of this document is to provide a basic reference which outlines the approach of the School to harassment and bullying. The focus is on improving working relationships by clarifying what is regarded as acceptable behaviour by all staff, students and parents. The School will address all forms of harassment and bullying, whether sexual or non sexual, and whether it occurs between: staff and staff staff and students staff and parents students and students parents and students The term “staff” refers to all employees of The Hutchins School, as well as those who work at the school in a voluntary capacity, including student teachers, parent help, and tuckshop helpers. The term “student” refers to all students who attend The Hutchins School, including students from Collegiate and Fahan who undertake courses at the school. This document: States the policy of the School on harassment and bullying Discusses the nature of harassment and bullying Defines and describes the roles and responsibilities of management and staff within the School in the prevention and elimination of harassment and bullying Provides procedures for the resolution of complaints of harassment and bullying made by employees, voluntary workers, parents or students. The Hutchins School | Policies and Procedures Policy Created by: Document Title: Document Version: Benjamin Searle Harassment and Bullying Policy 1.0 Date of First Issue: Last Review Date: Next Review Date Page 1 of 4 13 March 2009 1 November 2009 1 November 2011 Harassment & Bullying Policy CBC1 & CBC2 Standard 16.1.1.c.vii, QAIS Quality Areas 1, 2, 5 and 7; OSHCQA Principles 7.1, 7.2, 7.3 & 8.6 Policy Statement The Hutchins School is committed to providing all staff and students with a working and learning environment free from harassment and bullying. All staff and students are required to honour and support this commitment. All members of staff are responsible for the well being of students. The School’s Aims and Mission Statement focus on the individual and the maintenance of the School as a caring, Christian community. Harassment and Bullying: Definitions There are several types of harassment, which include: RACIAL HARASSMENT Under the Racial Discrimination Act 1992 racial harassment is the denigration of a person’s racial or cultural characteristics, ethnic origin or religious beliefs through words, jokes, gestures, bullying or other behaviour that he or she finds offensive. DISABILITY HARASSMENT Under the Disability Discrimination Act 1992, disability harassment occurs when people are denigrated and treated in a disrespectful or different manner because of a disability. SEXUAL HARASSMENT 1. The Commonwealth Sex Discrimination Act describes sexual harassment as “an unwelcome request for sexual favours” or “other unwelcome conduct of a sexual nature.” (Sections 28(4) and 29(3) Sex Discrimination Act 1984). It encompasses a range of physical, verbal and psychological behaviours which may be either implicit or explicit in nature. The Hutchins School | Policies and Procedures Policy Created by: Document Title: Document Version: Benjamin Searle Harassment and Bullying Policy 1.0 Date of First Issue: Last Review Date: Next Review Date Page 2 of 4 13 March 2009 1 November 2009 1 November 2011 Harassment & Bullying Policy CBC1 & CBC2 Standard 16.1.1.c.vii, QAIS Quality Areas 1, 2, 5 and 7; OSHCQA Principles 7.1, 7.2, 7.3 & 8.6 2. Sexual harassment has nothing to do with mutual attraction or consenting friendships. 3. Some general characteristics of sexual harassment can be found in Appendix I. Workplace Bullying Workplace bullying includes any behaviour that intimidates, insults, offends, degrades or humiliates a person. It may be a single or repeated event. Examples include rudeness, shouting, intimidation, abusive, offensive or threatening language, personal attacks, invasion of personal space, unwelcome phone calls at home, interference during sporting fixtures, unnecessary interruptions to class, physical attacks. See Also: Appendix II. Natural Justice Individuals accused of harassment and bullying in the terms of these guidelines have the right in Common Law to be afforded natural justice. An accused person has the right to be informed of the nature of the accusation in the first instance and: respond to the allegations be treated fairly and equitably have the matter handled confidentially and impartially be afforded an impartial hearing be advised and supported by a union or another designated party Victimisation Persons who make complaints under the Commonwealth Sex Discrimination Act or who provide information or documents for the purpose of a statutory inquiry are protected against victimisation if they act in good faith. The protection is lost if the allegation is false or not made in good faith. The Hutchins School | Policies and Procedures Policy Created by: Document Title: Document Version: Benjamin Searle Harassment and Bullying Policy 1.0 Date of First Issue: Last Review Date: Next Review Date Page 3 of 4 13 March 2009 1 November 2009 1 November 2011 Harassment & Bullying Policy CBC1 & CBC2 Standard 16.1.1.c.vii, QAIS Quality Areas 1, 2, 5 and 7; OSHCQA Principles 7.1, 7.2, 7.3 & 8.6 Links to Other Policies Child Protection Grievances Harassment and Bullying – Appendices 1-3 Privacy and Confidentiality Sources and Further Reading Disability Discrimination Act 1992 Human Rights and Equal Opportunity Commission Act 1986 Privacy Act 1988 Racial Discrimination Act 1975 Sex Discrimination Act 1984 The Hutchins School | Policies and Procedures Policy Created by: Document Title: Document Version: Benjamin Searle Harassment and Bullying Policy 1.0 Date of First Issue: Last Review Date: Next Review Date Page 4 of 4 13 March 2009 1 November 2009 1 November 2011