Procedure Statement
To ensure that all allegations of harassment are dealt with consistently. Bendigo TAFE aims to ensure that all staff and students are treated fairly and enjoy a work and study environment that is free from discrimination, bullying and harassment.
This procedure covers all employees, representatives and students of Bendigo TAFE relating to unlawful discrimination, harassment or bullying. Additionally, Bendigo TAFE requires that the conduct of visitors comply with the requirements of this procedure.
Harassment is not unlawful just during working attendance hours, but also illegal in any other work or study related context, including conferences, work functions, business trips, excursions, office parties, work or practical placements, work experience or field trips.
Definitions
Discrimination is less favourable treatment of someone in an area of public life due to some characteristic or attribute they have that is irrelevant to the decision being made.
If someone without that characteristic (or with a different characteristic) would have been treated better in the same circumstances, then there is a good chance that discrimination (according to the law) has occurred.
Harassment is any form of behaviour that:
is not wanted
is not asked for
is not returned
…and that is likely to create a hostile or uncomfortable workplace by:
humiliating
intimidating
offending
…a person because of an attribute protected by the law.
Bullying is described as “Repeated, unreasonable behaviour directed at an employee or group of employees that creates a risk to health and safety”.
Bullying is generally accepted to include:
Physical harm, emotional distress and damage to the working environment;
Intimidation;
Threats to personal standing, such as name-calling or derogatory references to age, gender, race, religion or sexual orientation;
- Deliberate isolation from colleagues or from information and opportunities;
Undue pressure and impossible deadlines;
Failure to acknowledge good work;
Unreasonably stripping a person of their responsibility; or
Setting someone up to fail.
Informal resolution: procedures aim to reach a resolution of the matter rather than focus upon establishing factual proof or the substantiation of a complaint.
Formal resolution: procedures aim at proving whether a complaint is substantiated and resolving the matter. For a formal complaint to proceed, the complaint must be provided in writing addressed to the CEO. A formal complaint against the CEO will be addressed to the Chairperson of the Board.
Harassment Committee:
The committee will consist of 3 people:
i) a member of Senior Executive (chair)
ii) the Human Resources Manager or nominee (if complaint against a staff member)
or the Student Counsellor or nominee (if complaint against a student)
iii) a person nominated by the Chair after consultation with HR Manager.
In the event of a complaint against the Human Resources Manager or the Student Information Officer the CEO shall establish a committee comprising of 3 people.
In the event of a complaint against the CEO the Institute Board shall establish a committee comprising of at least two members of the Board.
Contents
- Associated Documents
- Continuous Improvement
- Flowchart/s
Because of the variables that may arise in any allegation of discrimination, harassment or bullying, Bendigo TAFE offers a complaint procedure that allows for complaints to be dealt with both informally and formally.
An informal procedure aims to reach a resolution of the matter rather than focus upon establishing factual proof or the substantiation of a complaint.
Complainant will discuss incident with Bendigo TAFE Harassment Contact Officer or immediate Supervisor or Manager who will:
Actively listen and provide confidential support of possible/alleged bullying, harassment, discrimination, sexual harassment and victimisation.
- Provide assistance to the individual and be impartial.
Inform about person’s rights under Equal Opportunity laws and policy.
Provide information and discuss possible complaint resolution options and outcomes.
Provide information to enable the person to make an informed decision.
Provide copies of Bendigo TAFE’s relevant policies and procedures.
Provide referral information.
Record details of the complaint on the Harassment Contact Interview Record.
Ensure everyone involved in resolving the complaint are told about the importance of privacy and confidentiality.
Informal resolution process may involve:
consultation with individuals involved. This is not for the purposes of making judgement but to help the individuals overcome any misunderstanding and attempt to reach a position and environment where the individuals can continue to work effectively.
consultation with relevant Manager
running an educative program
The informal process should normally be completed within 10 working days.
A formal resolution process will be used for serious matters or after the informal processes outlined above have been pursued.
The complainant forwards a written complaint to the CEO.
The complaint is forwarded to HR Manager or Student Information Officer by CEO with request that Harassment Committee be convened.
Where possible the Harassment Committee should be formed within seven working days of receipt of complaint.
A copy of the complaint is provided to the respondent in writing. Written details of the grievance should be specific as it is the right of the respondent to know exactly what the allegation is and who is making the allegation.
In the interests of natural justice the respondent must be allowed reasonable time to provide a considered response to the allegation. This response should normally be provided within 10 days of the respondent being notified of the allegation.
The Harassment Committee will use the written complaint, the respondent's response, the details of any actions taken to resolve the grievance at an earlier stage and interviews with the complainant and respondent to form the basis of the investigation.
The Harassment Committee will advise the CEO of findings and recommendations of the investigations.
The complainant and respondent will be advised in writing of the CEO’s final decision.
If necessary action within the Institute's Staff Discipline or Student Discipline Procedure or other such process as shall be considered appropriate for the incident shall be taken.
If after investigation the complaint is not substantiated, the complainant and respondent will be advised by the CEO that the matter will not proceed further within the Institute and all information will be destroyed.
At any stage the complainant has the right to lodge a complaint with an appropriate external body such as the Human Rights and Equal Opportunity Commission (HREOC). Once a grievance to an external body is made, all internal procedures cease.
The formal determination process should normally occur within one month.
Records of complaints are recorded on Harassment Contact Interview Record and are kept in Human Resources in the case of an employee or in Student Services in the case of a student. The Harassment Contact Interview Record should be kept for the following reasons:
The incidence and frequency of harassment at Bendigo TAFE is monitored for statistical purposes;
“Troublesome” areas are identified and corrective action may be taken;
Evidence to support the manner in which Bendigo TAFE dealt with a complaint may be submitted at any subsequent legal proceeding.
It is not defamatory for a complainant to speak directly to the respondent.
A complaint made in good faith and which follow procedures are not defamatory i.e. it is not defamation for a complainant to discuss an incident with a Contact Officer.
People legitimately involved in the handling of the complaint are protected by “qualified privilege” (where statement maker has a legal, social or moral duty to make the statement and recipient has corresponding duty in receiving it).
Proc211 Staff Discipline Procedure
Proc504 Student Discipline Procedure
FHR001 Harassment Contact Interview Record
Victorian Equal Opportunity Act 1995
Sex Discrimination Act 1984
Racial and Religious Tolerance Act 2001
Charter of Human Rights and Responsibilities 2006
Occupational Health & Safety Act 2005
Racial Discrimination Act 1975
Disability Discrimination Act 1992
Age Discrimination Act 2004
Human Rights and Equal Opportunity Act 1986
For suggestions and improvements: quality@britafe.vic.edu.au
Not applicable.
Warning – Uncontrolled when printed. The current version of this document is kept on the BMS.
Authorised by: Executive Management Committee Original Issue: 26/10/1995
Maintained by: Human Resources Manager Current Version: 15/09/2010
Review Date: October 2012 Procedure No. Proc704