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Discrimination and Harassment - Grievance Procedures for StudentsPreamble
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A member of Academic or General staff with whom you feel at ease |
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The Head of the Division or Office, Centre or Institute where you have met serious difficulties or a person nominated by the Head to deal with such matters |
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The University Counselling and Health Services |
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The Aboriginal and Torres Strait Islander Programs Unit (Warawara) |
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The Accommodation Officer |
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The Undergraduate Studies Office (The 'Student Centre') |
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The Postgraduate Studies Office |
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The International Students Office |
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The Dean of Students |
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The Dean of Graduate Studies |
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The Career Development Office |
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The Centre for Open Education |
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University Chaplains |
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Disability Services Coordinator |
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Equal Employment Opportunity Officer |
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University Safety Officer |
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Macquarie University Students Council |
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Macquarie University Postgraduate Representatives Association |
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Security Officers |
Remember, if you are the victim of discrimination or harassment, you help others as well as yourself when you seek redress. top
It is the policy of the Macquarie University that any form of discrimination and harassment, as defined in section 2 below, is totally unacceptable. The University has already indicated such a commitment in its Equal Opportunity Policy which provides for equal opportunity in employment and education. The Discrimination and Harassment Grievance Policy for Students complements the University's Equal Opportunity Policy.
The University is committed to creating and maintaining a learning environment free from all forms of discrimination and harassment on the grounds specified under State and Commonwealth anti-discrimination legislation and the University's own related policies.
The University urges all associated and independent corporate bodies who provide services to it (which may include the Students' Union; Students' Council; Sports Association), to adopt similar policies and procedures which condemn discrimination and harassment.
The procedures set out below allow complaints of discrimination and harassment to be resolved, where possible, within the University, preferably by consultation and conciliation.
Staff and students are responsible for ensuring that their own behaviour contributes to the maintenance of a learning environment free from all forms of discrimination and harassment, including sexual harassment.
Students who use the University's Discrimination and Harassment Grievance Procedures for Students can at any stage also take their complaints to the NSW Anti-Discrimination Board or the Human Rights and Equal Opportunity Commission, or other relevant sources. Discrimination and harassment of students is formally condemned by the Council of the University. top
2.1. Discrimination and harassment covers a range of verbal and physical behaviour which is unwelcome and unsolicited.
2.2. Any behaviour which is personally offensive, debilitates morale or interferes with a student's academic performance, because of sex/gender, marital status, pregnancy, sexual preference, HIV or AIDS status, race, disability, religious belief, political opinion or age may constitute discrimination and/or harassment. Harassment may be a form of discrimination. Serious forms of harassment may constitute assault, an offence under the Crimes Act (NSW), and thereby may be subject to police investigation and criminal penalties.
2.3 Discrimination includes both direct and indirect discrimination that disadvantages an individual and/or groups in education and any discrimination that is embedded in and which takes effect through the operation of any system. Direct discrimination refers to individual actions or behaviour usually resulting from prejudiced or stereotypical thinking. Indirect discrimination involves instances where certain people are unreasonably excluded or otherwise disadvantaged by apparently neutral policies, practices, procedures or decisions which are unfair or unequal in their effect.
Harassment occurs when behaviour and/or language is found to be unwelcome, offensive, or intimidating; it does not apply to reciprocal behaviour or banter in private which neither party finds offensive.
2.4. Discrimination and harassment may occur:
a) as a single incident;
b) as a series of incidents;
c) as the result of action by an individual or by a group;
d) among peers, staff-student, student-staff and student-student situations. top
1.1 The Vice-Chancellor, after consultation with the Chair of the Student Grievances Committee, may appoint SCOs from the University community.
1.2 The Vice-Chancellor may also recognise as Student Contact Officers persons nominated by other organisations associated with the University (Students' Union; Students' Council; Sports Association). Such persons will have undergone the same procedures for recruitment and training as other SCOs (see 1.4).
1.3 It will be recognised that non-University Student Contact Officers will work within the procedures laid down by their own organisation which may involve referral of complaints against students or members of the University staff or contractors, to a SCO.
1.4 SCOs are appointed following recruitment and selection as well as the successful completion of initial training programs in techniques, knowledge and skills appropriate for dealing with discrimination and harassment. SCOs shall be provided with initial training and ongoing support and advice through regular meetings. SCOs shall have access to ongoing training in all matters associated with discrimination and harassment including the operation of the procedures.
1.5 It is recognised that in some instances a staff member other than a SCO may be approached with discrimination and harassment issues. In such circumstances, the staff member may refer the complainant to a SCO. top
There shall normally be a time limit of six months between the alleged circumstances of the grievance and the commencement of the formal lodging of a complaint. A complaint may be dealt with after that time if the SCO and the Chairperson, Student Grievances Committee, consider that there are special circumstances justifying it. top
3.1 Advice, Information, Support and Referral
3.1.1 SCOs are available for confidential consultation with persons who believe they have been subjected to harassment or discrimination. SCOs will help to clarify the type/nature of the problem, provide support, and identify the options available to the complainant, including referral to another source of redress. SCOs will continue to provide support to the complainant, if needed, throughout the process.
3.1.2 If a complaint is made against a member of staff or a contractor to or a student of a University associated body with a Non-University Student Contact Officer, the SCO may refer the complaint to that contact officer.
3.1.3 If a complaint is made against a member of staff, or a contractor to, or a student of a body other than the University but associated with it and not covered by 3.1.2, the SCO will invite the complainant to make a formal complaint to the SCO to be referred to the chairperson, Student Grievance Committee.
3.1.4 If the SCO believes that a notifiable criminal offence has been committed, the officer will, with the knowledge of the complainant, consult with the Registrar and Vice-Principal or the Deputy Vice-Chancellor (Administration), who may then notify the appropriate authority.
3.1.5 The SCO will provide a confidential report of each matter attended to under 3.1.1 or 3.1.2, to the Chairperson of the Student Grievances Committee. Reports will not identify either the complainant or the respondent, but will include the nature of the complaint and the action taken.
*** Student Contact Officers are requested to provide a report of each matter attended to under 3.1.1. to the EEO Officer for purposes of training and recording types of complaints. Reports will not identify either the complainant or the respondent, but will include the nature of the complaint and the action taken.
3.2 Informal Conciliation
3.2.1 Always excepting complaints referred to in 3.1.2, 3.1.3 or 3.1.4, if the SCO believes that the complaint may involve discrimination or harassment, he/she will, with the approval of the complainant, attempt to find a resolution to the matter by conciliation. Before conciliation is attempted by the SCO, the respondent will be informed of the name of the complainant and the precise nature of the complaint. Discussions will be confidential subject to 3.1.4.
3.2.2 If such an attempt is unsuccessful or undesirable, the SCO will, if requested to do so by the complainant, refer the matter to the Chairperson, Student Grievances Committee, who will attempt to resolve the complaint through conciliation. Discussions will be confidential.
3.2.3 Where it is considered that a grievance exists, although not a discrimination and harassment grievance, the complainant will be informed of appropriate sources of advice, assistance and redress. top
4.1.1 A formal complaint must be made in writing and will set out the circumstances of the alleged discrimination or harassment.
4.1.2 The Chairperson Student Grievances committee may receive a formal complaint against a student or a member of staff, or a contractor to the University, or against a student, or member of staff of a body other than the University but associated with it, from any SCO, a Non-University SCO or a body other than the University but associated with it.
4.1.3 The Chairperson may at any time, with the approval of the complainant, consult with one of the Deputy Chairpersons, Student Grievances Committee, and any other member of the Committee as appropriate. At all times, however, the matter will be dealt with expeditiously and in confidence (subject to 4.1.7).
4.1.4 If a formal complaint is laid against a member of the University staff covered by a relevant industrial instrument, the Chairperson of the Student Grievances Committee will refer the matter to the appropriate person specified in the relevant industrial instrument. If the relevant industrial instrument is silent then the matter shall be referred to the Director, Personnel, Macquarie University
4.1.5 If a formal complaint is laid against a contractor to the University, the matter will be dealt with according to the relevant contract.
4.1.6 If a formal complaint is laid against a member of the staff of or contractor to, or a student of a body other than the University, but associated with it, the Chairperson of the Student Grievances Committee may refer it to that body for resolution and may request a report on the outcome.
4.1.7 If the Chairperson Student Grievances Committee believes that a notifiable criminal offence has been committed, the officer will, with the knowledge of the complainant, consult with the Registrar and Vice-Principal or the Deputy Vice-Chancellor (Administration), who may then notify the appropriate authority.
4.1.8 When a formal complaint has been laid, and apart from matters covered by 4.1.4, 4.1.5, 4.1.6 and 4.1.7, an attempt will be made to resolve the matter by mediation or conciliation. Before conciliation or mediation is attempted, the respondent will be informed of the name of the complainant and the precise nature of the complaint.
4.1.9 If a formal complaint, as in 4.1.8 is not satisfactorily resolved through mediation or conciliation within ten working days, or if it is not an appropriate case for conciliation, the Chairperson of the Student Grievances Committee or the Chairperson's nominee, if requested by the complainant in writing, and in consultation with one of the Deputy Chairpersons, Student Grievances Committee and one other member, will proceed with an investigation.
4.1.10 The Chairperson of the Student Grievances Committee will inform the respondent that a formal complaint has been lodged and make available a copy of the complainant's statement.
4.1.11 The respondent will have a right of written reply. Ten working days will normally be allowed for making the reply. The respondent may seek assistance from an SCO or a person of their choice with the preparation of the reply.
4.1.12 On receipt of the formal complaint and response, if any, the Chairperson of the Student Grievances Committee, in consultation with the persons indicated in 4.1.9, will investigate, report, and if the case is substantiated make a confidential recommendation to the Vice-Chancellor, with confidential copies to the complainant and the respondent.
4.1.13 All details of the matter will be kept confidential. Neither the Chair, nor any member of the Student Grievances Committee, nor any person concerned with resolving the complaint, will divulge any material to any person who does not have a genuine interest in resolving the complaint.
4.2 Determination
4.2.1 In the case of a complaint against a member of the University staff (general or academic), or a contractor to the University, the matter will be dealt with according to the relevant industrial instrument or contract.
4.2.2 In the case of a substantiated complaint against a Macquarie University student, the Chairperson of the Student Grievances Committee, after consultation with the persons indicated in 4.1.9, shall recommend to the Vice-Chancellor such action as is considered necessary, and the Vice-Chancellor shall determine the appropriate action. The Chairperson, Student Grievances Committee may recommend:
· counselling the respondent;
· censure, or the issuing of a warning to the respondent;
· such other disciplinary action as may be appropriate.4.2.3 The respondent and complainant will be notified in writing by the Vice-Chancellor of the determination made under 4.2.2.
4.3.1 The respondent and the complainant will have four weeks in which to lodge with the Registrar and Vice-Principal an appeal against a determination made under 4.2.2 to the Macquarie University Council. The complainant and respondent will be notified of the decision of the Council upon the recommendation of the Standing Committee of Council on Appeals.
4.3.2 If no appeal has been lodged within four weeks, the Vice-Chancellor will proceed with the action determined. top
5.1 Where the complaint is found to be unsubstantiated, the Chairperson, Student Grievances Committee, will advise the complainant and the respondent. Where necessary, she/he will ensure that the parties are aware that anti-discrimination legislation makes it unlawful for either the complainant or the person against whom the complaint is made, to be subjected to reprisals or discrimination by any person as a result of making the complaint.
5.2 If the complaint is found to have been made with malicious intent on the part of the complainant, the Chairperson, Student Grievances Committee, may recommend to the Vice-Chancellor a reprimand or other sanction as appropriate. top
6.1 In order for complaints to be brought forward, complainants must feel secure in the knowledge that the University's procedures will be followed without fear of retribution. Victimisation includes any unfavourable treatment of a person arising out of that person having lodged a discrimination or harassment complaint. Unfavourable treatment may include:
I. adverse changes in the study environment;
II. denial of tutorial assistance;
III. exclusion by peers.
Any complaint of victimisation will be treated in the same manner as a complaint of discrimination or harassment.
6.2 Victimisation of any person who has lodged a complaint or been involved with procedures arising from a complaint of discrimination or harassment, is unlawful under state and federal legislation. top
7.1 The complaint should be handled by as few people as possible to ensure strict confidentiality.
7.2 A student who raises a complaint will in most cases be protected in any action for defamation by the defence of qualified privilege, provided that person raises the complaint in accordance with established procedures and does not intentionally make a malicious or frivolous complaint.
7.3 Where the SCO, the Chairperson of the Student Grievances Committee, or any other officer duly authorised under these procedures, has acted according to the procedures laid down, they are under normal circumstances protected from liability for defamation by the defence of qualified privilege. top
Chairperson, Student Grievances Committee: the person appointed by the Vice-Chancellor as Chair of the Student Grievances Committee, or his/her nominee, approved by the Vice-Chancellor.
complainant: a person who brings a complaint of harassment or discrimination against another to a Student Contact Officer or to the Chairperson, Student Grievance Committee.
conciliation: the act of seeking to resolve, to the satisfaction of both parties, a complaint made by one party against another. Conciliation may involve the receiving of points of view by each party (written or oral), calling for other evidence pertinent to the case, and the giving of impartial advice.
consultation: the act of seeking, in confidence, the advice of a Student Contact Officer on a matter of concern to a student. In consultation, the name of a potential respondent need not be disclosed. As a result of consultation, a student may decide:
* to take no further action;
* to seek his/her own resolution;
* to request the SCO to mediate and/or conciliate on his/her behalf;
* to make a formal complaint, requesting an investigation of the complaint.
discrimination: any action, direct or indirect, which disadvantages an individual and/or a group. Discrimination may be embedded in or take effect through the operation of a system. Elaboration of this statement is found in Grievance Policy for Students, Section 2.
formal complaint: a grievance becomes a formal complaint when a complainant submits in writing (or, if prevented by disability, in some other appropriate format) to the Chairperson, Student Grievance Committee, a statement of alleged improper conduct by another person/s together with a request that the matter be dealt with by one of the procedures outlined in Grievance Procedures for Students.
grievance: any student-related concern which a student believes is a case of discrimination or harassment. It may have its origin in a decision or action by a member of staff or a fellow student. It may be an action or an omission which is perceived by the student as unjust, unfair, unlawfully discriminatory or otherwise wrongful.
harassment: harassment occurs when behaviour and/or language is found to be offensive, intimidating or otherwise distressful. It does not apply to reciprocal behaviour or banter in private which neither party finds offensive. Elaboration of this definition is found in Discrimination and Harassment Policy for Students Section 2.
informal complaint: any informal request to an SCO for advice or assistance in the resolution of a grievance may be considered an informal complaint. If the complainant so requests, conciliation may be attempted while a complaint remains informal. However, until a complaint is made formal, no investigation will be undertaken into the complainant's grievance.
investigation: an enquiry by the Chairperson, Student Grievances Committee, in consultation with one of the Deputy Chairpersons, Student Grievances Committee, and one other member of the Committee, into a formal complaint which has been laid. Such an investigation shall have the authority to receive written and oral evidence, and will make a recommendation to the Vice-Chancellor in accordance with Section 4.2.3 of Discrimination and Harassment Grievance Procedures for Students.
industrial instrument: refers to a certified industrial agreement between a group of employees and their employer. Each industrial instrument has within it clauses relating to complaints and discipline procedures.
malicious intent: refers to a complaint laid against a person which is found, upon investigation, not only to be false but to have been made by the complainant in the knowledge that it is false and is likely to cause some kind of harm to the respondent.
mediation: the act of seeking to resolve a perceived cause of contention between two parties. Such action may involve bringing the parties into direct contact in the presence of the third person, or it may involve providing a means of communication and dialogue between parties which do not meet.
notifiable offence: Under Commonwealth legislation, treason is the only offence which must be reported to the police by any person who has knowledge of such a crime. The NSW Crimes Act (1990) obliges an individual to report to a member of the NSW Police Force knowledge or belief that a 'serious offence' has been committed. A serious offence is defined as an offence punishable by imprisonment or penal servitude for five years or more.
Such crimes include sexual assault, conspiracy to murder, malicious wounding or inflicting of grievous bodily harm, maliciously causing a grievous bodily disease, assault occasioning actual bodily harm, indecent assault, sexual intercourse with a child less than sixteen, sexual intercourse with a person with an intellectual disability, incest.
qualified privilege: the protection against action for defamation available in most cases to a complainant. It will normally apply where the complaint has been raised in accordance with established procedures and is neither frivolous nor malicious.
racial discrimination: Section 9(1) of the Federal Racial Discrimination Act makes it unlawful for a person to do -
" . . . any act involving 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, social, cultural or any other field of public life."
Part 11A of the Racial Discrimination Act states:
"it (is) unlawful for a person to do an act (otherwise than in private) because of a person's race, colour or national or ethnic origin if that act is likely in all the circumstances to offend, insult, humiliate or intimidate that person."
It also prohibits a person from doing such an act because of the race, colour or national or ethnic origin of some or all of people in a group if the act is reasonable likely in all the circumstances to offend, insult, or humiliate the group.
racial vilification: a form of race discrimination. Section 20C of the NSW Anti-Discrimination Act states:
"(1) It is unlawful for a person, by a public act, to incite hatred towards, serious contempt for, or severe ridicule of, a person or group of persons on the ground of the race of the person or members of the group."
"Race" is defined to include colour, nationality, descent and ethnic origin, ethno religious or national origin.
respondent: a person against whom a complaint of harassment or discrimination has been laid and who is thereby involved in any process involving mediation, conciliation, or investigation.
sexual harassment: a form of sex discrimination. It is defined in section 28A of the Federal Sex Discrimination Act:
" . . . a person sexually harasses another person (the "person harassed") if:(a) the person makes an unwelcome sexual advance, or an unwelcome request for sexual favours, to the person harassed; or
(b) engages in other unwelcome conduct of a sexual nature in relation to the person harassed;in circumstances in which a reasonable person, having regard to all the circumstances, would have anticipated that the person harassed would be offended, humiliated or intimidated."
Standing Committee of Council on Appeals: a committee established by resolution of Council (Resolution 69/93) to hear appeals made to it by students. Students who feel aggrieved of a decision of the Vice-Chancellor may, pursuant to By-law XV.7(1), appeal to Council, such appeals being heard by the Standing Committee of Council on Appeals. As required by By-law XV.9 (1) appeals to Council must be submitted in writing to the Registrar and Vice-Principal.
student: For the purposes of this document a student is any
person who is:
a) Enrolled at Macquarie University for a degree, diploma, certificate, a unit of study, or an educational program approved by an authorised delegate.
b) Enrolled at another institution for a degree, diploma, certificate or subject/course/unit of study which have formalised and documented rights of access to facilities and/or services provided by Macquarie University. top