Rationale

1. The Australian National University’s commitment to excellence is underpinned by values including integrity in all activities, respect in all relationships, collegiality to encourage staff and students to work together and commitment to the University community to meet the needs and nurture the talents of all staff and students.

2. Discrimination, harassment and bullying behaviours by staff or students are the antithesis of the University’s values.

Policy statement

3. The Australian National University is committed to ensuring that staff and students are treated with integrity and respect, recognising all members of ANU have the right to work and study in an environment free from discrimination, harassment and bullying. Discrimination, harassment and bullying behaviour will not be tolerated under any circumstances. ANU will take action against any staff member, agent or student who is found to have breached this policy.

ANU strategies

4. ANU continues to implement strategies to eliminate discrimination, harassment and bullying. These include:

• training and awareness-raising strategies to ensure that all staff and students are aware of both this policy and the ANU grievance policies for staff and students;

• grievance management procedures which are based on the principles of procedural fairness;

• treating all grievances in a sensitive, fair, timely and confidential manner;

• acting against victimisation; and

• encouraging the reporting of behaviour which breaches this policy.

What discrimination, harassment and bullying is not

5. Discrimination, harassment and bullying in employment and education environments must not be confused with legitimate comment, criticism and advice, including relevant negative comment or feedback, from supervisors or academics on the work, study performance or behaviour of an individual or group.

6. Sexual harassment is NOT behaviour that is based on mutual attraction, friendship and respect. Where interactions are consensual, welcome and reciprocated it is not sexual harassment.

When discrimination, harassment and bullying may occur

7. A staff member or student can experience unlawful harassment or bullying by a student or group of students, a co-worker or group, an academic, a supervisor, a contractor or a service provider.

8. This behaviour is unlawful in any ANU work-related or educational context, not just on the University campus. It can include behaviour on field trips and excursions, at conferences, work functions and at student and staff social events. It can also include interactions between staff and students off-campus.

Criminal offences

9. Forms of discrimination, harassment and bullying can also constitute criminal offences, including:

• physically assaulting a person, including sexual assault;

• stalking; and

• obscene communications including through emails, phone calls etc.

10. ANU officers will act immediately on reports of possible criminal offences.

Reporting discrimination, harassment or bullying

11. ANU has a staff grievance policy and procedure and a student complaint policy and procedure , with experienced staff appointed to manage formal or informal resolution of grievances. Staff and students are encouraged to use the policies and procedures if they consider that they are experiencing discrimination, harassment or bullying.

Responsibilities

12. Managers, supervisors and academic staff have a responsibility to:

• monitor the work or learning environment to ensure that acceptable standards of conduct are observed at all times;

• promote this policy and the relevant ANU grievance procedure or complaints policy within their area of responsibility; and

• treat all complaints seriously and confidentially and take immediate action to refer the staff member or student to the relevant policy and procedures.

13. All staff have a responsibility to:

• comply with this policy;

• offer support to anyone who claims that they are experiencing discrimination, harassment or bullying and let them know where they can get help and advice; and

• consult with relevant senior officers on reports of discrimination, harassment and bullying.

14. All students have a responsibility to:

• comply with this policy.

Definitions

15. The following definitions apply to this procedure:

Bullying: Repeated unreasonable and inappropriate behaviour in the workplace or education environment which comprises behaviour that intimidates, offends, degrades, insults or humiliates an employee or student. This can be physical or psychological behaviour.

Discrimination: Unlawful discrimination can occur when someone, or a group of people, is treated less favourably than another person or group because of a specified attribute such as their race, colour, national or ethnic origin; sex, pregnancy, breastfeeding; relationship status; carer status; age; transsexuality; disability; sexuality; union affiliation; religious or political conviction or any other characteristic specified. Further information is available in the Disability Policy and the information sheet on Age Discrimination.

Harassment: Unlawful harassment can occur when someone is made to feel intimidated, insulted or humiliated because of their race, colour, national or ethnic origin; sex including sexual harassment; disability; sexuality; or any characteristic specified under human rights legislation. It can also happen if someone is working in a 'hostile' - or intimidating - environment. The behaviours can be overt or subtle, verbal, non-verbal or physical.

Sexual harassment: is any unwanted, unwelcome or uninvited behaviour of a sexual nature that makes a person feel humiliated, intimidated or offended. It can involve physical contact, verbal remarks or non-verbal contact of a sexual nature. An information sheet is available on What is sexual harassment?

Victimisation: is the treatment of a staff member or student unfairly, including threats or intimidation, and causing detriment when a staff member or student has acted within the University grievance policy or because they have supported someone else who acted within the University grievance policy. This may include such things as adverse changes to a work or study environment, denial of access to resources, work opportunities or training, or ostracism.

Vilification: is the public act of a person that incites hatred toward, serious contempt for, or severe ridicule of a person or group of persons on the grounds of race, transsexuality, sexuality and HIV/AIDS. Vilification is considered within the harassment requirements of this policy. Vilification does not include, for example, legitimate academic debate about issues that might include discussions of race, transsexuality, sexuality and HIV/AIDS.

References

16. References and further information:

Australian Human Rights Commission (ACT)

Age Discrimination Act 2004 (Commonwealth)

Disability Discrimination Act 1992 (Commonwealth)

Racial Discrimination Act 1975 (Commonwealth)

Sex Discrimination Act 1984 (Commonwealth)

Human Rights and Equal Opportunity Commission Act 1986 (Commonwealth)

Discrimination Act 1991 (ACT)

Bullying in the workplace – A guide to prevention for managers and supervisors (Comcare)