Updated: 07/90
SUPPLEMENT
1990/4
Supplement to Education Gazette
Volume 18 No. 18
Week ending 20 July 1990
Department of Education, Training and Employment
GUIDELINES FOR
RACIST DISCRIMINATION
AND HARASSMENT
GRIEVANCE PROCEDURES
TABLE OF CONTENTS
Introduction
General Information
1.
Nature of Racist Discrimination and Harassment
2.
Legislative Framework
3.
Responsibilities and Roles of Principals and Line Managers
a
Policy
b
Complaint Process
c
Monitoring and Review
d
Curriculum
e
Training and Development
f
Racist Discrimination and Harassment Contact People
g
Students on Work Experience
h
Victimisation
4.
Procedures to Deal with Racist Discrimination and Harassment
5.
Confidentiality
6.
Victimisation
7.
Curriculum Development for Students
Procedures to Deal with Racist Discrimination and Harassment
8.
Employee to Employee
9.
Employee to Student
10
Student to Student
11.
Student to Employee
12.
Parents
Department of Education, Training and Employment
GUIDRACE
Policy
INTRODUCTION
The Department of Education, Training and Employment is firmly committed to the
provision of an education service of the highest quality in which all are encouraged to
strive for excellence and to fulfil their potential. Maximising education outcomes
means providing equality of opportunity for all students and employees, including
those who are Aboriginal, Torres Strait Islander, or from non-English speaking
backgrounds. If students and employees are to perform at their very best, they must
learn and work in environments which are free from discrimination and harassment.
Only within such environments can a partnership between schools and parents be
successfully fostered, and the growth and development of students ensured.
The Department of Education, Training and Employment has therefore developed a
range of policies which affirm cultural diversity and uphold the rights of individuals
and groups within our schools.
The Antiracism Policy has been developed specifically to counter the effects of
racism, "a particularly deep-seated and widespread form of discrimination often
denied and hidden both in the community and in our schools". (Antiracism Policy
1990). The Policy gives expression to the Department's rejection of racist behaviour
and its commitment to the eradication of racist discrimination and harassment in its
structures, and in the learning and working environments for which it is responsible.
In addition to educative provisions to promote understanding of racism and its effects
in the education context, the Policy affirms the rights of those who are subjected to
racism to take steps against it. Thus the Policy states as follow:
•
We will uphold the rights of those who experience racist discrimination to be
free of such behaviour in places of work and learning;
•
Students and employees will be provided with avenues of complaint and
redress at every school and worksite within the Department of Education,
Training and Employment ;
•
Appropriate measures (including disciplinary action where necessary) will be
taken against those who practise racist behaviour.
The Racist Discrimination and Harassment Grievance Procedures document is
important to all employees who work in the Department of Education, Training and
Employment and to the students and parents of our schools. However, it is the
special responsibility of principals and line managers to ensure their effective
implementation within the schools and workplaces for which they are responsible.
This document provides guidelines for use by principals and line managers, who
have the key responsibility for dealing with
cases of racist discrimination or
harassment, as well as giving a description of the role of the contact person. In
addition, it details the responsibilities and obligations of all those involved in
cases of
racist discrimination or harassment, as complainants, as respondents or as
associates of either of the two parties. It stresses the importance of following the
processes scrupulously and emphasises the need for confidentiality by all
concerned. Further it provides information about the relevant personnel within the
Department of Education, Training and Employment who can be approached for
advice and guidance on any aspect of racist discrimination or harassment.
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The implementation of racist discrimination and harassment grievance procedures
within school communities is a central strategy for the elimination of racism from the
educational context. However, their effectiveness will be enhanced if they are
implemented within the context of an inclusive curriculum which affirms in
demonstrable ways the cultural and linguistic backgrounds of all students. Such a
context upholds the human rights of all, and challenges the basic premises and
attitudes which sustain discriminatory behaviour.
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SECTION 1: THE NATURE OF RACIST
DISCRIMINATION AND HARASSMENT
Racist discrimination is treatment which unfairly disadvantages people (in education
or employment) on the basis of negative attitudes and assumptions about their (real
or assumed) cultural backgrounds and physiological characteristics. Racist
discrimination can take many forms, including denial of access to employment
opportunities such as training and development, acting experience, promotion and
the under-estimation of a person's ability and potential. In the case of students,
discrimination can involve exclusion from certain activities, schools or courses, or the
limitation of access to these on the basis of negative assumptions about a student's
ability and potential.
Racist harassment is one aspect of racist discrimination. It consists of acts or
behaviours which are directed against individuals or groups and which are
experienced as insulting, offensive, demeaning, humiliating or intimidating. It can
include belittling comments, ridicule, graffiti, name-calling, put down jokes, attacks on
property and physical violence. While racist harassment is an individual or group
phenomenon, if it is condoned or tolerated by those in authority, it amounts to
systemic discrimination in its cumulative form.
The exact form of racist harassment, and its intensity and persistence is influenced
by many factors such as the gender, age, socio-economic background and physical
and mental ability of those who experience it. Among these factors, gender is
particularly significant since racist and sexist prejudices are often related. Racist
harassment is therefore often compounded by sexual harassment and is
accompanied or manifested by explicit sexual behaviour. This may include asking for
sexual favours with the explicit or implicit suggestion that the person subjected to
such behaviour is likely to enjoy this given their background, or indeed that they have
no right to object to it.
In some cases racist and sexual harassment may be inextricably linked. The person
subjected to the harassment may have strong views as to whether the harassment is
the result of racism or sexism. In the resolution process, it is important to implicitly
accept this view and to respond accordingly. For like sexual harassment and unlike
other forms of misdemeanour, the seriousness of a particular case of racist
harassment lies not only in the actual behaviour, or in the intentions of the person
whose behaviour is causing distress, but in the impact of that behaviour on the
person (or persons) experiencing it.
Both racist and sexual harassment have a negative impact on employees and
students and both need to be eliminated. The Antiracism Policy, supported by other
educational policies, is directed towards this. However, the Department of Education,
Training and Employment has the responsibility to ensure that when such behaviour
does occur, it is taken seriously and all necessary steps are taken to
deal effectively
with the situation and to redress any damage arising from it.
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Results of Racist Discrimination and Harassment: In Places of
Learning
Such discrimination in the educational context can be unlawful. It can have
devastating effects on those who are subjected to it. It can cause shame,
embarrassment, painful and long lasting memories, low self-esteem and self-worth,
and lack of pride in one's family background. It can cause fear, anxiety, physical
illness, rejection of school structures and processes, rejection of shared cultural
values, anger, outrage, frustration, aggression, rebellion and physical violence. It can
create inhibitions and distractions which seriously interfere with the learning process.
Ultimately, it undermines the life chances and career choices of those who
experience it.
As explained in the policy, silence and denial are fundamental to racism. Those who
practise racism believe that their discriminatory behaviour is acceptable, justified by
their prejudice. They deny its existence or do not admit or recognise their own racist
behaviours. People who are subjected to racist discrimination and intimidation come
to believe that racism is inevitable or at least unavoidable because their protests
against it are either ignored or make matters worse. This serves to silence those
subjected to it, as well as those who observe it. Such enforced silence is a
particularly insidious aspect of racism because it means that racist behaviours can
never be questioned, analysed or challenged.
Silence, or failure to notice and to take action against racist discrimination and
harassment are not appropriate responses and help to perpetuate them. They further
exacerbate the negative feelings of those who experience racist discrimination and
harassment Inaction implies that the discomfort, embarrassment and denigration
experienced are not significant enough to warrant attention. Failure to take action is
to condone and legitimate the behaviour of the harasser and indeed to provide
encouragement for it, and by implication to attribute blame to the victim.
Racism negatively affects the learning environment not only for those directly
experiencing it, but for many others in the immediate environment. It produces an
atmosphere of fear and aggression which is deleterious to social development, and
destructive of the reaming environment generally.
Results of Racist Discrimination and Harassment In the Workplace
Such discrimination in the workplace can be unlawful. It has damaging effects on
health, general well being and morale, which subsequently can affect the career
prospects and work productivity of those who experience it directly. In turn this
excludes the perspectives of groups of employees who are vulnerable to racism and
thereby limits or prevents their contribution to the organisation.
In addition, those responsible for racist acts expend energy on persecuting other
employees that is best spent on the tasks for which they are responsible. Therefore,
in addition to undermining the effectiveness of other employees, they are neglecting
their duties and so reducing their own work productivity.
The effects of racism in the workplace are rarely limited to those directly involved.
Racism tends to negatively affect the atmosphere, morale, and working relationships
and work productivity of other colleagues.
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In short, racist discrimination in all its forms undermines the efficiency of the
Department of Education, Training and Employment and its effectiveness in attaining
its major goal, that is, of providing an education service of the highest quality.
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SECTION 2: LEGISLATIVE FRAMEWORK
SPECIFIC LEGISLATION IN RELATION TO RACISM
The specific provisions of the Equal Opportunity Act (SA 1984) and the
Commonwealth Racial Discrimination Act (1975) in relation to racism have formed
the framework for the Antiracism Policy and grievance procedures. Relevant excerpts
from both these Acts are presented below.
(See pages 5 to 8)
OTHER RELEVANT PROVISIONS WHICH RELATE TO RACIST
DISCRIMINATION AND HARASSMENT
In addition to the specific legislative provisions of the Equal Opportunity Act (SA
1984) and the Commonwealth Racial Discrimination Act (1975) more general
provisions exist which relate to appropriate behaviours and practices of employers
and employees relevant to countering racist discrimination and harassment.
In this regard the relevant extracts from the following are presented:
•
Government Management and Employment Act (1985).
•
South Australian Education Act (1972).
•
School Assistants Interim Award (1986).
•
Aboriginal Education Workers Industrial Agreement (1975).
(See pages 9 to 12)
INTERNATIONAL CONVENTION
The International Convention on the Elimination of all Forms of Racial Discrimination
(1966) to which Australia is a signatory embodies the principles on which the
Antiracism Policy is based.
(See pages 13 to 15)
SPECIFIC LEGISLATION IN RELATION TO RACISM
EQUAL OPPORTUNITY ACT 1984
DISCRIMINATION ON THE GROUNDS OF RACE
Part IV Division I Section 51
For the purposes of this Act, a person discriminates against another on the ground of
race:
(a)
if he or she treats another person unfavourably by reason of the other's race;
(b)
if he or she treats another person unfavourably because the other does not
comply, or is not able to comply, with a particular requirement and -
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(i)
Policy
the nature of the requ irement is such that a substantially higher
proportion of persons of a different race complies, or is able to comply
with the requirement than those of the other's race;
and
(ii)
the requirement is not reasonable in the circumstances of the case
or
(c)
if he or she treats another person unfavourably on the basis of a characteristic
that appertains generally to persons of the other's race, or on the basis of a
presumed characteristic that is generally imputed to persons of that race.
"race" of a person means the nationality, country of origin, colour or ancestry of the
person or of any other person with whom he or she resides or associates.
Part IV Division II Section 52
(1)
It is unlawful for an employer to discriminate against a person on
race (a)
the ground o f
in determining, or in the course of determining, who should be offered
employment;
or
(b)
(2)
in the terms or conditions on which employment is offered.
It is unlawful for an employer to discriminate against an employee on the
ground of race (a)
in the terms or conditions of employment;
(b)
by denying or limiting access, to opportunities for promotion, or transfer
training, or to any other benefits connected with employment;
(c) by dismissing the employee;
(d)
by segregating the employ ee from persons of other races;
or
(e)
by subjecting the employee to any other detriment.
Part IV Division IV Section 59
(1)
It is unlawful for an educational authority to discriminate against a person on
the ground of race (a)
by refusing or failing to accept an application for admission as a
student;
or
(b)
(2)
in the terms or conditions on which it offers to admit the person as a
student.
It is unlawful for an educational authority to discriminate against a student on
the ground of race -
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GUIDRACE
(a)
(b)
(c)
Policy
in the terms or conditions on which it provides the student with
education or training;
by denying or limiting access, to any benefit provided by the authority;
by expelling the student;
or
(d)
by subjecting the student to any other detriment.
Where “'detriment' includes humiliation or denigration" (section 5(1)) and
where "'educational authority' means the person or body administering any
school, college, university or other institutions at which education or training is
provided" (section 5(1)).
Part VI Section 91
(3)
In any proceedings brought under this Act against a person in respect of an act
alleged to have been committed by his/her agent or employee acting in the
course of his/her agency or employment, it shall be a defence for that person
to prove that he/she exercised all reasonable diligence to ensure that his/her
agent or employee would not act in contravention of this Act.
RACIAL DISCRIMINATION ACT 1975 (COMMONWEALTH)
Part 11 Section 9
(1)
It is unlawful for a person to do any act involv ing a distinction, exclusion
restriction or preference based on race, colour, descent or national or ethnic
origin which has the purpose or effect of nullifying or impairing the recognition,
enjoyment or exercise, on an equal footing, of any human right or fundamental
freedom in the political, economic, social, cultural or any other field in public
life.
(2)
The reference in subsection (1) to a human right or fundamental freedom in the
political, economic, social, cultural or any other field of public life includes a
reference to any kind referred to in Article 5 of the Convention. (see page 14).
Part II Section 15
(1)
It is unlawful for an employer or a person acting or purporting to act on behalf
of an employer (a)
to refuse or fail to employ a second p erson on work of any description
which is available and for which that second person is qualified;
(b)
to refuse or fail to offer or afford a second person the same term of
employment, conditions of work and opportunities for training and
promotion as are made available for other persons having the same
qualifications and employed in the same circumstances on work of the
same description; or
(c)
to dismiss a second person from his/her employment, by reason of the
race, colour or national or ethnic origin of that second person or of any
relative or associate of that second person.
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Part IV Section 27
(2)
A person shall not (a)
refuse to employ another person;
(b)
dismiss, or threaten to dismiss, another person from the other person's
employment;
(c)
prejudice, or threaten to prejudice, another person in the
employment; or
(d)
intimidate or coerce, or impose any pecuniary or other
another person.
other person’s
penalty
upon,
by reason that the other person
(e)
has made, or proposes to make, a complai nt under this Act;
(f)
has furnished, or proposes to furnish, any information or documents to
a person exercising or performing any powers or functions under this
Act; or
(g)
has attended, or proposes to attend, a conference referred to in section
24C.
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OTHER RELEVANT PROVISIONS WHICH RELATE
TO RACIST DISCRIMINATION AND HARASSMENT
GOVERNMENT MANAGEMENT AND EMPLOYMENT ACT 1985
Section 7 (c) - Principles of Conduct
Employees shall, in their dealings with members of the public or fellow employees,
exercise proper courtesy, consideration and sensitivity.
Section 67 - Discipline
An employee who (a)
contravenes or fails to comply with (i)
a provision of this Act;
or
(ii)
a direction given to the person as an employee by a person with
authority to give that direction (whether being authority derived from this
Act or otherwise);
(b)
is negligent or indolent in the discharge of the duties of the employee's
position;
(c)
is guilty of disgraceful or improper conduct in an official capacity, or is guilty in
a private capacity of disgraceful or improper conduct that reflects seriously and
adversely on the Public Service; is liable to disciplinary action.
SA EDUCATION ACT 1972
Regulations pursuant to the Education Act
Regulation 121 (1) (a)
Principals and head teachers shall be responsible under the Act to the DirectorGeneral for the management, organisation and administration of the school and the
welfare and development of its pupils.
Regulation 121 (2)
Teachers occupying a position in a school shall be responsible to the principal or
head teacher of that school. They shall be actively concerned with the welfare and
development of the students in their care. They shall give such assistance as may be
required by the principal or head teacher in the general management of the school.
They can expect to participate in the formulation of the policies in that school, and
when these have been determined, they shall see that such policies are properly
implemented.
Regulation 122 (1)
Principals and head teachers shall be responsible within their schools for the
establishment and maintenance of a social and educational environment favourable
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Policy
to learning and to acceptable forms of behaviour. It should be designed to develop
self-control and self-discipline within students, and a respect for other persons and
their property.
Regulation 122 (2)
Principals and head teachers shall be responsible for the formulation of a set of rules
with respect to behaviour both inside and outside the classroom, if and when
considered necessary. The rules may also refer to school policies in so far as
considered desirable or necessary, and may be promulgated to staff, students and
parents. In the formulation of these rules, principals and head teachers shall consult
with their staffs, school councils, and, where appropriate, the student representatives
of the school.
Regulation 123 (1)
Having regard to the rights and duties of students, parents and teachers within the
school policies and rules established under regulation 122, principals and head
teachers may impose such moderate and reasonable controls on the behaviour of
students, and sanctions for offences against those rules, as they consider necessary
or as are permitted by these regulations.
Regulation 123 (2)
Subject to these regulations, principals and head teachers may delegate their
disciplinary authority, including the imposition of appropriate sanctions on students for
breaches of school rules, to such members of their staffs as they determine. This
delegation shall not prevent principals or head teachers from exercising directly their
own power to impose sanctions on students where they consider it necessary or
advisable to do so.
Regulation 124 (1)
For the purpose of this regulation 'principal' includes head teacher or the person for
the time being in charge of a school.
Regulation 124 (2)
The principal of a school may suspend a student where:
(a)
the student is or, has been guilty of gross insolence, persistent disobedience,
immoral conduct or any other serious breach of discipline;
(b)
the presence of the student is prejudicial to the health or moral welfare of
students attending the school;
(c)
the presence of the student is a physical danger to herself/himself or other
students; or
(d)
the student, being above compulsory school age , shows persistent and wilful
inattention or indifference to school work.
Section 26 Division V - Discipline
(i)
(e)
If an officer-
is guilty of any disgraceful or improper conduct there shall be sufficient cause
for disciplinary action against that officer.
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SCHOOL ASSISTANTS (GOVERNMENT SCHOOLS) INTERIM
AWARD 1986
Clause 13. Contract of Employment
(2)
Subject to the provisions elsewhere contained in this award the contract or
hiring of employees bound by this award shall, in the absence of express
agreement to the contrary, be deemed to be a hiring by the fortnight and salary
shall accrue from day to day; provided however that (a)
employment may be terminated by two weeks notice given by either
party which notice may be given at any time. Any termination of the
employment shall take effect at the end of a day's work or by the
payment of forfeiture (as the case may be) of two weeks wages:
provided that nothing herein contained shall derogate from the
employer's right at common law to dismiss an employee without notice
for misconduct or other sufficient cause.
(b)
if any employee is justifiably dismissed for any reason such employee
shall be entitled to payment for work performed in that fortnight
proportionate to the time worked.
ABORIGINAL EDUCATION WORKERS INDUSTRIAL AGREEMENT
(1987)
Clause 22 - Contract of Employment
(2) (a) Employment may be terminated by two weeks notice given by either party
which notice may be given at anytime. Any termination of the employment
shall take effect at the end of a day's work or by the payment or forfeiture (as
the case may be) of two weeks wages; provided that nothing herein contained
shall derogate from the employer's right at common law to dismiss an
employee without notice for mis conduct or other sufficient cause
INTERNATIONAL CONVENTION
INTERNATIONAL CONVENTION ON THE ELIMINATION OF ALL
FORMS OF RACIAL DISCRIMINATION (1966)
Article 1
1.
In this Convention, the term "racial discrimination" shall mean any distinction,
exclusion, restriction or preference based on race, colour, descent, or national
or ethnic origin which has the purpose or effect of nullifying or impairing there
cognition, enjoyment or exercise, on an equal footing, of human rights and
fundamental freedoms in the political, economic, social, cultural or any other
field of public life.
Special measures taken for the sole purpose of securing adequate
advancement of certain racial or ethnic groups or individuals requiring such
protection as may be necessary in order to ensure such groups or individuals
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equal enjoyment or exercise of human rights and fundamental freedoms shall
not be deemed racial discrimination, provided, however, that such measures
do not, as a consequence, lead to the maintenance of separate rights for
different racial groups and that they shall not be continued after the objectives
for which they were taken have been achieved.
Article 2
1.
2.
States Parties condemn racial discrimination and undertake to pursue by all
appropriate means and without delay a policy of eliminating racial
discrimination in all its forms and promoting understanding among all races,
and, to this end:
(a)
Each State Party undertakes to engage in no act or practice of racial
discrimination against persons, groups of persons or institutions and to
ensure that all public authorities and public institutions, national and
local, shall act in conformity with this obligation;
(b)
Each State Party undertakes not to sponsor, defend or support racial
discrimination by any persons or organisations;
(c)
Each State Party shall ta ke effective measures to review governmental,
national and local policies, and to amend, rescind or nullify any laws
and regulations which have the effect of creating or perpetuating racial
discrimination wherever it exists;
(d)
Each State Party shall pro hibit and bring to an end, by all appropriate
means, including legislation as required by circumstances, racial
discrimination by any persons, group or organisation;
(e)
Each State Party undertakes to encourage, where appropriate,
integrationist multi-racial organisations and movements and other
means of eliminating barriers between races, and to discourage
anything which tends to strengthen racial division.
States Parties shall, when the circumstances so warrant, take, in the social,
economic, cultural and other fields, special and concrete measures to ensure
the adequate development and protection of certain racial groups or
individuals belonging to them, for the purpose of guaranteeing them the full
and equal enjoyment of human rights and fundamental freedoms. These
measures shall in no case entail as a consequence the maintenance of
unequal or separate rights for different racial groups after the objectives for
which they were taken have been achieved.
Article 5
In compliance with the fundamental obligations laid down in article 2 of this
Convention, States Parties undertake to prohibit and to eliminate racial discrimination
in all its forms and to guarantee the right of everyone, without distinction as to race,
colour, or national or ethnic origin, to equality before the law, notably in the enjoyment
of the following rights:
(a)
The right to equal treatment before the tribunals and all other organs
administering justice;
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(b)
The right to security of person and protection by the State against violence o
bodily harm, whether inflicted by government officials or by any individual,
group or institution;
(c)
Political rights, in particular the rights to participate in elections - to vote and to
stand for election - on the basis of universal and equal suffrage, to take part in
the Government as well as in the conduct of public affairs at any level and to
have equal access to public service;
(d)
Other civil rights, in particular:
(e)
(f)
(i)
The right to freedom of movement and residence within the border of
the State;
(ii)
The right to leave any country, including one's own, and to return to
one's country;
(iii)
The right to nationality;
(iv)
The right to marriage and choice of spouse;
(v)
The right to own property alone as well as in association with others;
(vi)
The right to inherit;
(vii)
The right to freedom of thought, conscience and religion;
(viii)
The right to freedom of opinion and expression;
(ix)
The right to freedom of peaceful assembly and association;
r
Economic, social and cultural rights, in particular:
(i)
The rights to work, to free choice of employment, to just and favourable
conditions of work, to protection against unemployment, to equal pay for
equal work, to just and favourable remuneration;
(ii)
The right to form and join trade unio ns;
(iii)
The right to housing;
(iv)
The right to public health, medical care, social security and social
services;
(v)
The right to education and training;
(vi)
The right to equal participation in cultural activities;
The right of access to any pl ace or service intended for use by the general
public such as transport, hotels, restaurants, cafes, theatres and parks.
SECTION 3: RESPONSIBILITY AND ROLES OF
PRINCIPALS AND LINE MANAGERS
1.
Policy
Principals and line managers are responsible for:
•
implementing the Antiracism Policy and the grievance procedures in their
school/worksite in order to provide an environment free from racism.
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•
ensuring that the Policy and grievance procedures are known and understood
by all employees, voluntary workers, students (including students on work
experience) and parents. (This may necessitate the use of interpretertranslator services.) It is important that new members of staff as well as other
adults and students new to a school or workforce are trained in the above.
•
taking particular care that contractual workers (e.g. drivers of school buses),
volunteer workers (e.g. parents operating shared transport arrangements) and
work experience providers are aware of their responsibilities with respect to
the Department's Antiracism Policy and of the existence of the grievance
procedures.
2.
Complaint Process
Principals and line managers are responsible for ensuring that complaints of
racist discrimination and harassment are dealt with promptly and confidentially
(as outlined in sections 8 to 12), and for ensuring no subsequent victimisation
occurs of those who have complained of racist discrimination or harassment,
or of others who have provided them with advice or support (see section 6).
3.
Monitoring and review
Principals an d line managers are responsible for developing and maintaining a
safe learning and working environment for all students and employees in
which everyone can develop to their fullest potential. This includes:
4.
•
undertaking regular reviews and evaluating the effectiveness of the
implementation of the Antiracism Policy and grievance procedures
•
monitoring the working and learning climate in the school/worksite by
such strategies as:
•
regularly meeting with those members of staff likely to be
approached for advice and information regarding racist
discrimination or harassment (contact people and/or other
relevant staff) in order to be kept fully informed
•
establishing indicators which provide information about the social
climate of the school and the safety and well being of all students
•
taking action following any complaint or enquiry which may indicate the
necessity for change in the school's implementation process for the
Antiracism Policy and grievance procedures.
•
taking action in response to any other indication of the need to change
or improve the working and learning environment.
Curriculum
Principals are responsible for ensuring that students are familiar with the
Antiracism Policy and grievance procedures. In addition, the school
development planning process should incorporate and promote concepts and
actions which are consistent with the Antiracism Policy. The school
development planning process should aim to provide an environment free of
racist discrimination and harassment for all students, staff and parents.
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Principals are responsible for taking all necessary steps to ensure racism is
excluded from the school curriculum (see section 7).
5.
Training and Development
Principals and line managers need to ensure that employees and the parent
community:
6.
•
understand the nature and consequences of racist discrimination and
harassment in the educational environment
•
understand the concept of a safe learning and working environment free
from racist discrimination and harassment and how to create and
monitor it in their work with students and employees.
•
are familiar with the implications of the Equal Opportunity Act and of the
Department of Education, Training and Employment 's Antiracism Policy
and grievance procedures
•
know about and understand how the grievance procedures operate at
the worksite or school
•
are aware of Department of Education, Training and Employment units,
officers and other agencies that may be able to assist in providing
advice for resolving racist discrimination and harassment complaints.
Racist Discrimination and Harassment Contact People
Principals and line managers have specific responsibilities with respect to
supporting the work of racist discrimination and harassment contact people
where these have been appointed (see section 4).
7.
Students on Work Experience
Principals are responsible for taking all reasonable care to ensure that
students on work experience are in environments free from racist
discrimination or harassment and for supporting students who indicate that
they have nevertheless experienced it.
8.
Victimisation
Principals and line managers bear the major responsibility for ensuring that
those who complain of racist discrimination or harassment and those who
provide them with assistance or advice are not subsequently victimised (see
section 6 for details).
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SECTION 4: RESPONSIBILITIES AND ROLES OF
CONTACT PEOPLE
Due to the nature of racist discrimination and harassment and depending on the
context, a complainant may feel uneasy about reporting an incident of racist
discrimination or harassment to her/his principal or line manager. They may,
however, be prepared to discuss the situation with some other person. In other
cases, a complainant may prefer to make an initial approach for advice, support and
information prior to making a complaint to her/his line manager.
1.
In recognition of the above, schools and other
worksites may choose to
appoint racist discrimination and harassment contact people to whom initial
enquiries may be directed.
(a)
(b)
Such contact people should be:
•
people in whom the staff or students have confidence and trust;
•
people able to communicate effectively with senior staff;
•
people who have a sound understanding of racism in the
educational and employment contexts, have an awareness of the
complexity of dealing with a complaint, are sensitive to its effects
on the individuals immediately involved as well as on the whole
environment and, in particular, fully understand the necessity to
maintain confidentiality at all times including beyond resolution of
a particular case (see section 5 for details).
In any school/worksite which appoints racist discrimination and
harassment contact people, the administration is responsible for:
•
ensuring that the contact person(s) is/are appointed annually and
is/are replaced should they transfer, resign, or go on leave
•
ensuring that the contact person(s) is/are fully trained with
respect to:
♦
the nature of racist discrimination and harassment in the
educational and employment context
♦
relevant legislation
♦
the Department's Antiracism Policy and grievance procedures
for dealing with racist discrimination and harassment
♦
their responsibility for maintaining confidentiality.
•
supporting the contact person(s) through such action as releasing them
at short notice from their normal duties in order to attend to a situation
of discrimination or harassment, and enabling them to attend training
and development programs to maintain and upgrade their skills
•
seeking regular advice from the contact person(s) with regard to the
nature and extent of enquiries they are receiving as one means to
monitor the climate of the school/worksite
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•
•
2.
Policy
ensuring that the expectation of the contact person(s) is that they are a
source of advice, support and information, not of investigation and
resolution
being aware of the effect of the responsibilities of the contact person on
their working relationships with other staff and in particular, intervening
to prevent any situations which might be deemed to amount to
victimisation of the contact person
In implementing these grievance procedures, schools and worksites may wish
to identify a variety of people from whom initial advice can be sought, for
example:
District Superintendent
Area Equal Opportunity Management Officer
Area Eq ual Opportunity adviser
Selected senior staff of the school or worksite
Equal Opportunity Officer
South Australian Institute of Teachers
Public Service Association
Equal Opportunity Commission
3
In other situations, staff neither appointed nor named i n any procedure may be
approached either by another member of staff or a student with respect to a
case of racist discrimination or harassment. Students are likely to approach
any teacher whom they trust; this may include their student counsellor or home
group teacher. Members of staff are likely to speak first with another trusted
member of staff or one with whom they are particularly close.
In any of the above cases it must be recognised that the role of the person
initially contacted must be clearly differentiated from that of the principal or
line
manager. The former may provide confidential advice, support and information
while the latter is solely responsible for the investigation and resolution of all
complaints. In addition, their role will vary according to both the skills and
experience of the person contacted and the complexity of the situation of racist
discrimination or harassment. For example, an experienced contact person
who is supported by an adequate training program, and whose role is
recognised and supported by the school administration, may be in a position to
offer a great deal of personal support and expert advice. Someone else who is
approached without the benefit of training and experience may simply provide
a sympathetic ear and refer the complainant to the most appropriate person for
further advice.
The contact person (or other person initially approached by a complainant)
should be able to:
•
listen sympathetically;
•
maintain absolute confidentiality at all times, including beyond the
resolution of a particular case;
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•
counsel the complainant about the need to maintain confidentiality;
•
refer the complainant to these procedures;
•
name appropriate people from whom further advice and support may be
sought;
•
be clear about the extent of their own involvement.
In all cases this is
limited to personal advice and support and does not extend to formal
complaint, investigation, conciliation, etc ;
•
recognise the limits of their own skills and experience.
The contact person (or other person initially
may be able to:
approached by a complainant)
•
provide confidential advice on strategies for dealing directly with the
person whose behaviour is causing the complainant distress;
•
inform the complainant of the range of options available (as outlined in
sections 8 to 12);
•
provide confidential counselling and ongoing support over the period of
time during which a formal complaint is made;
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SECTION 5: CONFIDENTIALITY
In dealing with complaints or enquiries with respect to racist discrimination or
harassment, the Policy and grievance procedures of the Department of Education,
Training and Employment are guided by:
•
the responsibility to protect the rights of all those involved, including those who
have made the complaint or enquiry and those whose behaviour has led to it;
•
the goal of establishing/re-establishing positive working and learning
environments and relationships as soon as possible.
The Department can neither fulfil this responsibility nor achieve this goal if the highest
level of confidentiality is not maintained at all stages and by all those who are
involved in a particular case including beyond its resolution. Further, a charge of
defamation may be possible in specific circumstances if confidentiality is not
maintained.
This particularly refers to the following people:
1.
The person who has made the complaint or enquiry
People who experience racist discrimination or harassment are often reluctant
to report it because their experience has led them to believe that no action will
be taken in their defence. Indeed, they may fear that by reporting it they will
make themselves vulnerable to further discrimination and harassment.
Despite this, however, it is likely in some situations of racist discrimination or
harassment that others will become aware of at least aspects of it and may
offer support and advice to the person(s) against whom it is directed. While
offers of support are appropriate and desirable, all parties need to be
conscious of the need for confidentiality.
In seeking the sup port of trusted colleagues or a support network, care should
be taken to ensure confidentiality. While accepting advice and support, they
should discourage those offering it from taking on their cause without
permission and, especially, from acting as their advocate.
Once there is a decision to take some action to resolve the situation through
any of the approaches outlined in this document, then the maintenance of
absolute confidentiality becomes the responsibility of all those involved in this
decision.
2.
The person(s) whose behaviour has led to the complaint or enquiry
Some people whose behaviour leads to a complaint or enquiry regarding racist
discrimination or harassment are unaware that their behaviour has been
causing distress and have not intended it to do so. They commonly react with
outraged innocence when this situation is first raised with them. This can lead
them to seek allies and supporters, often in a quite public way. Such behaviour
is often embarrassing to friends and colleagues and interferes with their
own
right to conciliate the complaint in total confidentiality . Seeking allies and
supporters in a public way could have the effect of polarising the staff and of
victimising the complainant. This adds to the complexity of the situation
and
severity of the damage which it causes.
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It is important therefore that persons whose behaviour has led to the
complaint do not seek public support and maintain confidentiality throughout
all proceedings.
3.
Principals and Line Managers
Principals and l ine managers have the main responsibility for ensuring the
confidentiality of all involved in a situation of racist discrimination or
harassment which has come to their attention and, in particular, that of the
main parties involved. If necessary, it should be pointed out that failure to
maintain absolute confidentiality as directed could mean disciplinary action
may be taken in terms of Section 26 of the Education Act, School Assistants
Interim Award Clause 13(2), Section 67 of the Government Management and
Employment Act, and Aboriginal Education Workers Industrial Agreement
Clause 22, 2(a).
3.
Contact people
Whether they are formally appointed or identified, or are simply someone from
whom advice or support is sought, contact people also have an extremely
significant responsibility in terms of maintaining confidentiality. Not only must
they be beyond reproach themselves but they should also counsel the person
seeking advice or assistance of the importance of maintaining confidentiality
and strictly limiting the number of people involved, as outlined above.
4.
Observers/bystanders/well wishers
In many cases of racist discrimination or harassment, other people who are
not directly involved in the case or its resolution come to know something of
the situation. For example, almost inevitably others observe or are aware of
the distress of the person being harassed prior to them taking any action at all.
Others may have been approached for or have offered their advice, assistance
or support in the early stages during which the person being harassed is trying
to come to terms with what is occurring and to decide what action, if any, they
ought to take.
All people coming to know about a racist discrimination or harassment case,
but not directly involved in it or its resolution, must be aware that:
•
If they are approached individually for advice, assistance or support their role
must be strictly limited to just that, and that they must maintain absolute
confidentiality for the sake of all the main parties and in order to maximise the
possibility of a successful resolution.
•
If they are aware to some degree of a situation of racist discrimination and
harassment but have not been approached for help nor are involved in any
way, their role must be strictly limited to that of providing confidential advice or
support, if this becomes appropriate. Discussions amongst those who are not
involved in any way, although often well meaning, only increase the distress of
all concerned and militate against a successful outcome.
•
It is inappropriate and unacceptable for such people to enter into judgements
or advocacy on behalf of one or other of the parties at any time.
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Policy
They cease to have any role whatsoever once the complainant has
commenced any one of the processes available to them, as outlined in this
document. Whatever the level of concern amongst such outside observers,
they have no part in the processes which will subsequently occur and which
are in the hands of the principal parties involved and the relevant
Departmental officers responsible. Whatever occurs as a consequence in
resolution of the situation will necessarily occur in absolute confidence.
Everyone involved in or who comes to know about a particular situation of racist
discrimination or harassment must maintain confidentiality not only throughout the
process of investigation and resolution, but thereafter. Confidentiality has no sunset
clause.
Confidentiality and Children
In the case of children, confidentiality must be approached differently from the way it
is approached with adults. Children often resolve negative feelings and emotions by
talking about them with trusted peers and adults. Children who have been subjected
to racist discrimination and harassment need to be given support and advice which
will enhance their confidence, self esteem and self image. In young children secrecy
is often associated with guilt. It is of primary importance that we do not pursue
confidentiality with young children to the point that it results in self-blame and
internalised guilt, shame and other negative messages about themselves.
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SECTION 6: VICTIMISATION
Victimisation can have the effect of intimidating the complainant to such an extent
that their powerlessness is further increased rather than diminished by making a
complaint. Section 86 of the Equal Opportunity Act makes victimisation unlawful and
covers those situations in which people may complain of discrimination on the
grounds covered by the Act, including racist discrimination and harassment.
The Department of Education, Training and Employment is responsible, through its
managers, for ensuring that victimisation does not occur. The person whose
behaviour has caused a complaint will sometimes express anger and outrage in
public ways with respect to this long after the complaint has been resolved. This can
be particularly damaging when they are in a position of power or authority relative to
the person who has made the complaint, for example, a member of staff in the case
of a student complaint or a member of the administration in the case of a teacher
complaint. The resulting unfavourable treatment may be quite subtle or quite blatant,
but in all cases it is experienced as punishment and, as victimisation, it amounts to
subsequent discrimination.
In addition, where a large number of people become aware of some aspects of a
complaint of racist discrimination or harassment, many make judgements about it on
the basis of their friendships and allegiances without being fully apprised of all the
facts. Such situations can cause a reaction amounting to group ostracism of a
complainant. This can be very distressing for the complainant as well as destructive
of the working and learning environment.
It is absolutely essential therefore that principals and line managers are particularly
diligent in ensuring that complainants and those who may be supporting them are
protected from victimisation.
Victimisation by Association
Individuals who associate with complainants (through friendship or professional
association) are sometimes victimised. This form of victimisation may be particularly
intense because attached to it is the suggestion that the person is acting
unprofessionally or improperly simply by their association with a person who has
objected to racist harassment or discrimination.
This places the victimised person in a very difficult situation in which their association
with a complainant may isolate them from their peers. This is particularly painful,
distressing and confusing for children, for whom peer acceptance and approval are
crucial for their sense of well being and personal identity.
It is essential therefore that classroom teachers, principals and line managers ensure
that this form of victimisation is made totally unacceptable within the
schools/worksites for which they are responsible.
The seriousness of this form of victimisation is recognised by the Equal Opportunity
Act (SA 1984) which, through the definition of race, provides protection against
discrimination by association.
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SECTION 7: CURRICULUM DEVELOPMENT FOR
STUDENTS
Racism which is unquestioned and unchallenged by the curriculum, teaches students
that discriminatory behaviour is acceptable and legitimate. It reinforces the view that
some Australians are less equal and less entitled to be treated fairly, than are others.
Schools should provide the opportunity to question, interpret, understand and
challenge racism so that racist behaviours and attitudes can also change. Planned
programs should incorporate training and development for teachers about the policy
and grievance procedures. A curriculum which incorporates strategies and programs
for a supportive school environment will support the effective implementation of the
Policy and grievance procedures in an important way.
The School Development Plans of schools should therefore be based on principles of
an inclusive curriculum which affirms the cultural and linguistic backgrounds of all
students.
Resources and specific advice about curriculum development for students are
available from:
• Area Equal Opportunity Management Officer
• Superintendent of Curriculum Multiculturalism in Education
• Coordinator Aboriginal Education Unit
• Assistant Director of Curriculum (Social Justice)
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SECTION 8: PROCEDURES TO DEAL WITH RACIST
DISCRIMINATION AND HARASSMENT
EMPLOYEE TO EMPLOYEE
An employee may deal with incidents of racist discrimination and harassment in the
workplace in the following ways:
• Personal resolutions
• Expressions of concern
• Formal complaints within the Department of Education, Training and Employment
• Other agencies
Personal Resolutions
An employee has a number of options in dealing with incidents of racist discrimination
or harassment. They may deal with it personally with or without reporting it to anyone,
or they may seek confidential advice from the contact person, line manager or other
trusted colleague on strategies to deal personally with the incident. In addition, they
may seek confidential advice from the contact person/line manager in relation to the
different options available within the
Department of Education, Training and
Employment or other agencies or unions, to make complaints of racist discrimination
and harassment.
Expressions of Concern
In those cases of racist discrimination or harassment where the employee does not
wish to lodge a formal complaint, yet wishes the behaviour to stop and/or believes
there are implications for other employees or students, the employee may discuss the
situation confidentially with their principal or line manager.
When principals or other managers receive such a confidential expression of concern
from an employee, they are obliged to take action in terms of both the
Department of
Education, Training and Employment 's Policy and the relevant legislation (as outlined
in section 2).
In order to fulfil their responsibilities and obligations, any or all of the following steps
must be taken by principals and other managers.
(a)
Inform the employee of strategies and options available for dealing with the
racist discrimination and harassment at a personal level.
(b)
Monitor the working environment to assess the current climate, using the
resources of contact persons where they have been appointed.
(c)
Review training and development procedures for racist discriminati on and
harassment to assess whether all employees are familiar with the implications
of relevant sections of the Equal Opportunity Act, the Department of Education,
Training and Employment 's Antiracism Policy and grievance procedures and
other relevant legislation.
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(d)
Ensure that all employees have undertaken the appropriate training and
development program.
(e)
If as a result of monitoring the climate, principals or other managers become
concerned about the appropriateness of the behaviour of an employee, they
should confidentially discuss their concerns directly with that person, making it
clear what behavioural changes are expected.
(f)
Subsequently there should be a review of the situation with the employee
whose behaviour has caused the expression of concern and agreement
reached that:
•
the matter has been resolved
or
•
outside counselling and support be sought
or
•
formal proceedings be instituted.
Formal Complaints within the Department of Education, Training
and Employment
An employee may lodge a formal written complaint about racist discrimination or
harassment with the appropriate Director or the Director-General of Education.
Formal complaints to the Director-General will be referred through the appropriate
Director or dealt with by the Director-General in a manner similar to the following.
• Formal written complaints are to be lodged by complainants with the appropriate
Director*. The written complaint (marked confidential) should be forwarded as
soon as possible after the event(s) which prompted the complaint.
Note: In certain circumstances the Director-General of Education may formally
delegate this responsibility to another officer.
• The Director will then inform the Director-General of Education in writing that a
complaint has been lodged and that an investigating officer has been appointed
.
The appointment of the latter will be made, in consultation with the Equal
Opportunity Officer, within five working days of the receipt of the complaint.
• The Director will acknowledge, confidentially and by letter, that the complaint has
been received, and inform the complainant of the name of the investigating officer
who will be in contact in the near future. She/he will also inform the complainant of
the requirement of absolute confidentiality.
• In like manner, the Director will inform the respondent (i.e. the person whose
behaviour has led to the complaint) confidentially and by letter, that the complaint
has been received, and inform the respondent of the name of the investigating
officer who will be in contact in the near future. The Director will also inform the
respondent of the requirement of absolute confidentiality.
• The Director will instruct the officer to investigate the complaint and provide a
written report of the investigation and suggested action, taking into account the
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complainant's wishes. The Director will negotiate with the investigating officer a
date by which the investigation will be completed.
• On receipt of the investigating officer's report, the Director will provide an
opportunity for both the complainant and the respondent to respond to the findings
of the investigation.
• The Director will then decide on the basis of the investigation and subsequent
report, in consultation with the Equal Opportunity Officer or Area Equal
Opportunity Management Officer, and Crown Law (if required), either to entertain
or not to entertain the complaint.
• If the Director decides to proceed with the complaint, then the Director will
facilitate negotiation between the respondent and the complainant to reach a
conciliatory agreement and will direct both parties to maintain absolute
confidentiality for all time.
• If the Director decides not to proceed with the complaint, a letter will be sent to
both the complainant and respondent indicating that the complaint has been
dismissed, and directing them to maintain absolute confidentiality about the whole
matter.
• Regardless of whether or not the Director determines to proceed with the
complaint, she/he should consider carefully whether the complaint indicates the
need for additional or alternative action with respect to the implementation of the
Policy and grievance procedures, for example,
additional training and
development. Should the investigation of the complaint suggest the need for more
general or even system wide action to prevent the recurrence of the
attitude or
behaviour which caused the complaint, the relevant Director should make a
recommendation to the Director-General of Education to this effect.
The outcomes of the conciliation may include the following action by the Director:
1. (a) Advising the respondent in writing that there is cause for concern about her/his
professional behaviour and directing the fulfilment of certain requirements
within a designated period of time. A copy of this letter will be placed on the
employee's personal file. The actions which the Director requires the employee
to take will be monitored by the relevant line manager/principal and a final
report will be made to the Director by the investigating officer. The Director will
subsequently inform the employee, by letter, that she/he is satisfied that the
requirements have been met, or if the Director is not fully satisfied that all the
requirements have been met, that further monitoring will be required. A copy of
this letter will be placed on the employee's personal file. If the employee does
not fulfil the requirements as directed, including maintaining confidentiality,
then the Director can recommend to the Director-General of Education that
disciplinary action be taken under Section 26 of the Education Act, School
Assistants Interim Award Clause 13 (2), Section 67 of the Government
Management and Employment Act, or Aboriginal Education Workers Industrial
Agreement Clause 22, 2 (a). Copies of all the above correspondence will be
placed on the employee's personal file.
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(b)
Counselling the respondent. A letter summarising the counselling session(s)
will be provided to the employee and a copy of it will be placed on the
employee's personal file.
(c)
In addition to (a) and (b) the following steps may be considered:
(d)
•
temporary relocation of the respondent, if this would improve the
situation within the workplace, or if this is the wish of the respondent;
•
temporary relocation of the complainant, if this is the wish of the
complainant.
Where the Director determines that the conciliation procedure has not resolved
the complaint, or if the complaint is sufficiently serious, then the Director may
recommend to the Director-General of Education that disciplinary action be
taken under Section 26 of the Education Act, Section 67 of the Government
Management and Employment Act. clause 13 (2) under the School Assistants
Interim Award, or clause 22, 2(a) under the Aboriginal Education Workers
Industrial Agreement.
Other Agencies
While it is preferable that complaints of racist discrimination and harassment are dealt
with internally by Department of Education, Training and Employment
officers,
employees must be informed of their right to seek advice from or lodge their
complaint with the Equal Opportunity Commission, or the appropriate union,
at any
stage of the process of the internal complaint. Any complaint of racist discrimination
and harassment, or subsequent victimisation, must be lodged with the Commissioner
for Equal Opportunity within six months of the incident(s) which caused the complaint.
An employee may also register a complaint of racist discrimination and harassment,
or of subsequent victimisation, with the appropriate union.
Employees at Professional Forums
Employees who are on Departmental business outside their usual workplace, for
example, at conference venues, work experience sites or excursions, have the same
rights and responsibilities in regard to racist discrimination and harassment. Any
complaints between employees in such circumstances must be dealt with following
the process described above.
Employees who experience racist discrimination or harassment in the course of their
duties at a conference venue, work experience site or excursion from persons
not
employed by the Department can lodge a complaint with the Commissioner for Equal
Opportunity. Departmental personnel must not investigate or conciliate such
complaints.
Conference venues should be chosen with due care and consideration of their
relative safety from racist discrimination and harassment.
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SECTION 9: PROCEDURES TO DEAL WITH RACIST
DISCRIMINATION AND HARASSMENT
EMPLOYEE TO STUDENT
Racist discrimination or harassment of students by employees is a serious matter and
offends the provisions of the Equal Opportunity Act and the Education Act
respectively.
The principal must notify the appropriate Area Director (in writing and in confidence)
of all such cases.
All complaints of racist discrimination or harassment made by students, or by
parents/guardians on behalf of students, must be taken seriously and investigated, as
required by the relevant legislation and the Department of Education, Training and
Employment 's Antiracism Policy.
•
The procedures for the investigation of complaints involving teachers or other
staff (as outlined in the Administrative Instruction and Guidelines, Division 7,
75 - 75.4.2) must be followed and appropriate action taken.
•
In order to determine what subsequent action to take regarding such a
complaint, the principal may seek advice from:
-
District Superintendent of Schools
-
Area Equal Opportunity Management Officer
-
Area Assistant Director - Personnel
-
Area Director
-
Equal Opportunity Officer
•
Principals are responsible for ensuring that no overt or covert victimisation of a
complainant occurs from either the staff or students of their school subsequent
to a complaint of racist discrimination or harassment by a student or their
parent/guardian.
•
Students and their parents/guardians have the right at any stage to seek
advice or lodge a formal complaint of racist discrimination, or subsequent
victimisation, with the Commissioner for Equal Opportunity, if this occurs within
six months of the incident or incidents which caused the complaint.
•
In extreme and persistent cases, racist harassment may constitute emotional
abuse of a child. Emotional abuse is a reportable offence under Section 91 of
the Community Welfare Act 1972 (as amended 1.9. 1988). Mandated notifiers
who have suspicion of child emotional abuse are required by law to notify the
nearest office of the Department for Community Welfare. (For further
information see Child Protection Policy: 1989.)
•
The age of the student(s) who have complained may be relevant to
determining the most appropriate action to be
taken subsequent to the
investigation of a complaint. For example, while personal resolutions (as
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outlined in Section 8) may be an acceptable approach when adult students are
involved, this would usually be inappropriate for younger students.
•
In the case of reentry students advice, counselling and resolution strategies
must be appropriate to the age and adult status of those involved. For
example, much of the information in section 8 with regard to employee to
employee complaints may be useful in dealing with complaints made by
reentry and other older students.
Students on Work Experience
The Department of Education, Training and Employment 's obligations in relation to
students complaining of racist discrimination or harassment whilst on work
experience flow from the general duty of care. Aspects of the duty of care include
ensuring that:
•
students and their parents/guardians are informed about the nature of racist
discrimination and harassment, their rights under the legislation and the
process of lodging a complaint with the Commissioner for Equal Opportunity.
•
if necessary, interpreters should be used to ensure that the process of dealing
with the complaint is fully understood. The Telephone Interpreter Service can
be used for this purpose.
•
to the best of the school's knowledge, students on work experience are in
environments which are free from racist discrimination and harassment.
•
the rights of any student complaining about racist discrimination or harassment
are protected.
•
support and counselling are available to any student who has experienced
racist discrimination or harassment.
•
racist discrimination or harassment complaints are taken seriously.
•
the Area Office is informed of concerns regarding the relative safety of the
worksite for students.
Students who are involved in work experience have the right
to report to the principal,
contact person or teacher that they have experienced racist discrimination and
harassment at their work experience placement.
The Commissioner for Equal Opportunity is the only person who is charged with the
responsibility for investigating and conciliating complaints from students who are on
work experience. School personnel therefore, must not investigate
or conciliate such
complaints.
The following procedures must be followed:
•
All teachers/contact people must immediately report any complaint to the
principal.
•
Where practicable, the principal should contact the parents or legal guardians
of the student, to explain and inform them of the complaint and to discuss
possible future action. If necessary, interpreters should be used to ensure that
the process of dealing with the complaint is fully understood. The Telephone
Date of issue: 19 March, 1999
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Department of Education, Training and Employment
GUIDRACE
Policy
Interpreter Service can be used for this purpose. There is no formal legal
requirement that parents or guardians should be contacted prior to lodging a
complaint with the Commissioner for Equal Opportunity. However, it should be
noted that in the case of minors, no legally binding settlement can be obtained
without the consent of the legal guardian.
•
The principal will then assist the student or legal guardian to contact the Equal
Opportunity Commission to discuss the matter and lodge a formal complaint.
•
In situations where it is not possible or practicable to contact the parent or
legal guardian, the decision whether or not to lodge a formal complaint must
then be left to the student after all available support and counselling has been
offered. In such cases an officer from the Equal Opportunity Commission will
visit the school to interview the student and take a formal complaint.
•
Even in cases where a complaint is not made, it is important to consider
discontinuing using the relevant venues for work experience placement.
•
In the case of country schools the Commissioner for Equal Opportunity will
forward a complaint form direct to the complainant, care of the school, with a
covering letter requesting the principal to assist the complainant to fill out the
complaint form.
•
Strict confidentiality must be maintained by all school personnel involved in
racist discrimination complaints, including staff, parents and students.
•
If any written records are prepared by the principal for the Commissioner for
Equal Opportunity these records must be marked "private and confidential".
•
The principal will be informed of the outcome of the investigations. She/he will
be advised as to whether or not the complaint has been substantiated and
where relevant, brief details of any conciliation will be supplied.
•
Where there is concern about continuing to send students to the worksite from
which the complaint has arisen, the principal should seek advice from the
Commissioner for Equal Opportunity.
Advice
Advice may be sought on the above procedures from:
•
•
•
Equal Opportunity Officer
Area Equal Opportunity Management Officer
Area Director
The address and telephone number for the Commissioner for Equal Opportunity is as
follows:
Equal Opportunity Commission
30 Wakefield Street
ADELAIDE SA 5000
Telephone number - 8226 5660
Toll free (008)188163
Date of issue: 19 March, 1999
Page 0-31
Department of Education, Training and Employment
GUIDRACE
Policy
SECTION 10: PROCEDURES TO DEAL WITH RACIST
DISCRIMINATION AND HARASSMENT
STUDENT TO STUDENT
The school's grievance procedures for complaints of racist discrimination and
harassment between students must be congruent with the school's policy on
behaviour and discipline, and in accordance with Regulations 123 & 124 pursuant to
the Education Act.
The following preconditions are essential for effective grievance procedures for
students who experience racist discrimination or harassment from other students.
Students and their parents/guardians need to:
•
understand the nature of racist discrimination and harassment;
•
know the school's grievance procedures;
•
understand each of the steps of the grievance procedures;
•
be able to easily gain advice and support from the nominated contact person;
•
be confident that grievances will be treated seriously, confidentially and with
sensitivity by the principal or her/his delegate;
•
be aware of their right to take their complaint or enquiry to officers outside of
the school, for example, Department of Education, Training and Employment 's
Equal Opportunity Officer, District Superintendent, Area Equal Opportunity
Management Officer, and other Departmental officers;
•
understand that subsequent unfavourable treatment by either staff or students
as a result of their complaint will not be tolerated.
Dealing with Racist Discrimination and Harassment Complaints
As well as considering the established procedures for investigation and discipline
(pursuant to Regulations 122, 123 and 124 of the Education Act) in acting upon racist
discrimination and harassment complaints between students, the principal or her/his
delegate needs to consider the gravity of the complaint. In order to determine this,
advice may be sought from:
•
•
•
•
•
District Superintendent;
Area Equal Opportunity Management Officer;
Equal Opportunity Officer;
Coordinator Aboriginal Education Unit;
Superintendent of Curriculum - Multiculturalism in Education;
The principal will also need to determine whether or not the matter can be
satisfactorily resolved within the school. This will depend upon:
Date of issue: 19 March, 1999
Page 0-32
Department of Education, Training and Employment
GUIDRACE
Policy
•
whether the incident may be of a criminal nature, for example, serious bodily
harm. If so, it must be reported to the police and the principal must not
investigate;
•
the gravity of the respondent's behaviour and of the subsequent disciplinary
action required (e.g. suspension of a student for longer than one week
requires Area Directorate approval);
In cases of alleged serious racist assault of students by other students, the rights of
the victim should override the rights of the alleged offender. While the principal may
suspend the alleged offender, under Regulation 124 (5) the Minister may direct the
Director-General to give notice to the student's parents that her/his enrolment at the
school will cease and that the student must be enrolled at a school nominated by the
Director-General or at a non government school.
Other matters concerning racist discrimination or harassment complaints between
students which the principal needs to consider include the following:
•
the sensitivity with which the investigation is undertaken. This means that the
contact person or parent/guardian may be present to provide support for the
complainant during the procedures. (Use of an interpreter may be appropriate
in some circumstances.);
•
the need to minimise the number of people who are involved, or who know
about a particular situation of racist discrimination or harassment, and the
responsibility for directing all those who are involved to maintain confidentiality
at all times, including beyond the resolution of a particular case (see section
5);
•
establishing support and monitoring processes for the complainant. The
incident(s) may have long term effects on the self-esteem of the complainant
and may affect their educational achievements and involvement within the
school;
•
monitoring the learning environment of all who come to be involved, or know
something about, a particular situation of racist discrimination or harassment
and in particular, intervening to prevent any unfavourable treatment which may
amount to victimisation;
•
establishing counselling and monitoring procedures for the respondent, in
consultation with parent(s)/guardian(s). If the respondent is transferred to
another school, arrangements must be made between the principals for the
counselling and monitoring programs to continue.
Date of issue: 19 March, 1999
Page 0-33
Department of Education, Training and Employment
GUIDRACE
Policy
SECTION 11: PROCEDURES TO DEAL WITH RACIST
DISCRIMINATION AND HARASSMENT
STUDENT TO EMPLOYEE
The school's grievance procedures for complaints of racist discrimination and
harassment against students must be congruent with the school's policy on behaviour
and discipline and in accordance with Regulations 123 and 124 pursuant to the
Education Act.
The following preconditions are essential for effective grievance procedures for
employees who experience racist discrimination or harassment from students.
Students and their parents/guardians need to:
•
understand the nature of racist discrimination and harassment;
•
know the school's grievance procedures;
•
understand each of the steps of the grievance procedures;
•
be aware that grievances will be treated seriously and confidentially by the
principal.
Employees need to:
•
understand the nature of racist discrimination and harassment;
•
know the school's grievance procedures;
•
be confident that grievances will be treated seriously, confidentially and with
sensitivity by the principal.
Dealing with Racist Harassment Complaints
As well as considering the established procedures for investigation and discipline
(pursuant to Regulations 122, 123 and 124 of the Education Act) in acting upon racist
discrimination and harassment complaints from employees about students the
principal or her/his delegate needs to consider the gravity of the complaint. In order to
determine this, advice may be sought from:
•
District Superintendent of Schools
•
Area Equal Opportunity Management Officer
•
Equal Opportunity Officer
The principal will also need to determine whether or not the matter can be
satisfactorily resolved within the school. This will depend upon:
•
whether the incident may be of a criminal nature (e.g. assault , damage to
property). If so, it must be reported to the police and the principal must not
investigate;
•
the gravity of the respondent's behaviour and of the subsequent disciplinary
action required (e.g. suspension of a student for longer than one week
requires Area Directorate approval).
Date of issue: 19 March, 1999
Page 0-34
Department of Education, Training and Employment
GUIDRACE
Policy
Other matters the principal needs to consider:
•
the sensitivity and confidentiality with which the investigation is undertaken;
•
the age of the student(s) involved;
•
the need to minimise the number of people dealing with a particular situation of
racist discrimination or harassment, and to direct all those who are involved to
maintain confidentiality at all times, including beyond the resolution of a
particular case (see section 5);
•
support and monitoring structures for the complainant. The incident(s) may
have long term effects on the self-esteem of the complainant and may affect
their ability to perform at their full potential;
•
monitoring the working and learning environment of all who come to be
involved, or know something about, a particular situation of racist harassment,
and intervening to prevent any unfavourable treatment which may amount to
victimisation (see section 6);
•
the reluctance of teachers to complain of racist harassment by students,
because of fears that this will be interpreted as lack of ability on their part to
maintain proper discipline. This fear of losing credibility with one's professional
colleagues becomes a strong disincentive to complain, and must be taken into
consideration when monitoring the working and learning environment;
•
establishing counselling and monitoring procedures for the respondent, in
consultation with parent(s)/guardian(s). If the respondent is transferred to
another school, arrangements must be made between the principals for the
counselling and monitoring programs to continue.
Date of issue: 19 March, 1999
Page 0-35
Department of Education, Training and Employment
GUIDRACE
Policy
SECTION 12: PARENTS
Principals need to be aware that where a parent is alleged to have committed an act
of racist harassment against a teacher, action can be taken under Section 104 of the
Education Act. For such action to be successful it would be necessary to show that
the parent behaved in an offensive or insulting manner to a teacher acting in the
course of her/his duties.
Where a teacher is alleged to have committed an act of racist harassment against a
parent resulting in a complaint, the principal is responsible for ensuring that the
complaint is:
•
investigated;
•
all necessary steps are taken to resolve the complaint;
•
all necessary steps are taken to redress the disadvantage arising from it.
Date of issue: 19 March, 1999
Page 0-36