Preventing Discrimination and Harassment

DISCRIMINATION

What is discrimination?

Direct and indirect discrimination

Both direct and indirect discrimination are unlawful in all aspects of employment and education at UTS.

Discrimination means treating someone unfairly because they happen to belong to a particular group of people.

Direct Discrimination is the result of beliefs and stereotypical attitudes some people may have about the characteristics and behaviour of members of a group. It occurs when a person or group is harassed or excluded because of a personal characteristic such as sex or ethnic origin.

For example:

a selection committee refusing to consider applicants with family responsibilities
refusing to employ or enrol Aboriginal people or people whose first language is not English
assuming that a person with a disability would not be capable of undertaking a course of study because of their disability.

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Indirect discrimination occurs where a rule, work practice or decision is made which applies to all persons equally and appears to be non-discriminatory, but which in practice significantly reduces the chances of a particular person or group of persons from complying with it.

For example:

recruitment or promotion based on seniority or length of service may indirectly discriminate against women applicants, because women are more likely to have taken career breaks to accommodate family responsibilities
selection criteria requiring a specific number of years of previous experience may also constitute indirect age discrimination.

Indirect discrimination provisions recognise the structural inequalities some groups encounter in employment. These provisions require the university to examine all of its policies and practices to ensure that not only the intention but also the impact of the rule or practice is non-discriminatory. However, indirect discrimination is not illegal if the condition, requirement or practice which indirectly discriminates is seen to be reasonable in the circumstances.

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UTS Policy on the prevention of Discrimination and Harassment

UTS is committed to ensuring that all students and staff are treated fairly and equitably, and can work and study in an environment free of harassment. Discrimination, harassment and victimisation are unlawful, undermine professional relationships, diminish the experience of university life, and will not be tolerated at UTS.

All students and staff have a responsibility to contribute to the achievement of a productive, safe and equitable study and work environment by avoiding practices which lead to, support or condone harassment. This responsibility extends to all campus participants, including:

students (local, international and exchange students);
academic and support staff (continuing, contract or casual, visiting appointments, guest lecturers);
sub-contractors working on campus;
visitors to the university; and
people external to UTS that students or staff interact with as part of their work or study, e.g. in work experience, industrial or clinical placements, exchanges or work-based learning units.

Managers and supervisors are accountable for ensuring that staff and students understand their rights and responsibilities in relation to this policy.

In New South Wales many types of discrimination are against the law. UTS is committed to ensuring the elimination of any discrimination or harassment in employment, education and service delivery on the grounds of:

sex
race, colour, descent, national or ethnic origin, ethno-religious background
marital status
pregnancy or potential pregnancy
family responsibilities
disability (includes physical, intellectual, psychiatric, sensory, neurological or learning disabilities and illness such as HIV/AIDS)
homosexuality
transgender status
age
political conviction
religious belief

The Equity & Diversity Unit provides confidential equity-related grievance advice to both students and staff who feel they may have been discriminated against or harassed on any of the grounds listed above.

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Legislation

Provisions relating to unlawful discrimination and harassment are outlined in both federal and state anti-discrimination laws, including the:

These laws prohibit discrimination and harassment in employment, education and service delivery on the grounds of:

race, colour, descent, national or ethnic origin, ethno-religious background;
sex;
marital status;
pregnancy, potential pregnancy;
disability (physical, intellectual, psychiatric, sensory, neurological or learning disabilities and illnesses such as HIV/AIDS);
age;
homosexuality; and
transgender status.

The legislation also prohibits racial, homosexual, transgender and HIV/AIDS vilification, dismissal because of family responsibilities, and victimisation resulting from a complaint.

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What is unlawful harassment?

Unlawful harassment is any unwelcome conduct, verbal or physical, which has the intent or effect of creating an intimidating, hostile or offensive educational, work or living environment, and which happens because of a person's sex, pregnancy, race or ethno-religious background, marital status, age, sexual preference, transgender status or disability.

Unlawful harassment can include:

verbal abuse or comments that put down or stereotype people
derogatory or demeaning jokes intended to offend on the basis of stereotyped characteristics
offensive communications (such as posters, letters, e-mails, faxes, screen savers, web sites)
offensive telephone or electronic mail or other computer system communications
insults, taunting, name calling, innuendo or bullying
persistent or intrusive questions or comments about an individual's personal life
unwelcome invitations especially after prior refusal
orientation activities that involve unwelcome sexual, sexist, racist or other discriminatory behaviour.
non verbal behaviour such as whistling, staring and leering
uninvited sexual or physical contact such as embracing, kissing or touching
intrusive questions about sexual activity
demeaning jokes of a sexual nature
promises, propositions or threats in return for sexual favours
engaging in behaviour which is embarrassing, humiliating or intimidating
derogatory comments about race, religion and customs;
teasing or offensive language and racist behaviours; and
mocking customs or cultures.

The offensive behaviour does not have to take place a number of times: a single incident can constitute harassment.

What is important is how the behaviour affects the person it is directed against. Unlawful harassment can occur even if the behaviour is not intended to offend. Students and staff should be aware that differing social and cultural standards may mean that behaviour that is acceptable to some may be perceived as offensive by others. As a guide, ask yourself: would a reasonable person be intimidated, offended or humiliated by the behaviour?

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What is not unlawful harassment?

Administrative action. Managers and university staff frequently have to make difficult decisions, for example changing work allocation, moving people about or courses changes. These decisions may not please everybody but they do not normally constitute harassment.

Performance evaluation. Giving appropriate criticism and taking appropriate corrective action when an individuals work is unsatisfactory is a normal part of the supervisor's role and does not normally constitute harassment.

Student assessment. Academic staff have a responsibility to students to assess their work fairly, objectively and consistently across the candidature for their particular subject/course. A poor assessment is not discriminatory, provided the criticism is reasonable and constructive. Giving appropriate criticism and taking appropriate corrective action when an individuals assessment is unsatisfactory is a standard part of academic life.

Consensual relationships. A relationship of a sexual nature based on mutual attraction, friendship and respect does not constitute harassment, providing the interaction is consensual, welcome and reciprocated. However, consensual relationships may lead to conflict of interest.

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Discrimination, Harassment and Conflict of Interest

Consensual personal relationships between colleagues or between staff and students can be problematic because of the power imbalance in the relationship, or because of the potential for conflict of interest. Harassment usually occurs when power and / or authority is used inappropriately.

Relationships in which one party is in a position to review the work or influence the career of the other may provide grounds for complaint when that relationship gives undue advantage or creates a hostile environment for others.

In any situation where there is potential for a conflict of interest, staff have a duty under the Code of Conduct to disclose that conflict immediately to their supervisor. Breaches of the code of conduct may result in disciplinary action being taken.

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UTS Procedural guidelines

The university's procedures for handling complaints are based on confidentiality, impartiality, procedural fairness, protection from victimisation and prompt resolution. Any complaints of harassment will be dealt with promptly, seriously, and without victimisation of those involved. Processes for handling complaints are outlined in the Grievance Resolution Policy (for complaints made by staff), and the Policy on Handling Student Complaints (for complaints made by students).

Disciplinary action may be taken against students or staff who are found to have harassed other students or staff. Breaches of the policy will be considered to be "misconduct" or "serious misconduct" in the case of employees, and "non-academic misconduct" in the case of students, and may result in the most serious cases in permanent expulsion (for students) or dismissal (for staff). Formal warnings about inappropriate behaviour are a common outcome for first offences, unless the behaviour is of a very serious nature.

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What to do about discrimination and harassment?

Staff experiencing harassment should refer the matter to an immediate supervisor in the first instance, or seek confidential information and advice from the Equity & Diversity Unit, or the Human Resources Unit. Staff may also wish to contact their union.

Students should seek advice from the Equity & Diversity Unit (if the complaint relates to unlawful harassment) or the Student Services Unit (for counselling and support). The Students Association also provides advice and advocacy for students.

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Where to go for assistance

Seek advice and support from a senior staff member in your faculty/unit, or contact the:

Equity & Diversity Unit (for students and staff), Room 1722, Level 17 Tower Building, City Campus, Tel: 9514 1084, TTY: 9514 2155,
Human Resources Unit (for staff), City Campus, Tower Building, Level 3, Tel: (02) 9514 1060, http://www.uts.edu.au/div/hru/index.html;
Student Services Unit (for students), Level 3, Tower Building, City Campus, Tel: 9514 1177, or Kuring-gai campus, near the main entrance, Tel: 9514 5342, http://www.uts.edu.au/div/ssu.

Advice can also be obtained from the relevant trade union (for staff) or the Students Association (for students).

External Agencies

Information and advice can also be obtained from the following external agencies:

Human Rights and Equal Opportunity Commission (HREOC)
Street address: Level 8, Picadilly Tower, 133 Castlereagh Street, Sydney
Phone: (02) 9284 9600; Complaints infoline: 1300 656 419; TTY: 1800 620 241
http://www.hreoc.gov.au

New South Wales Anti-Discrimination Board
Street address: 175-183 Castlereagh Street, Sydney

Enquiry line is 9268 5544

Toll free 1800 670 812
Phone: (02) 9268 5555; TTY (02) 9268 5522
http://www.lawlink.nsw.gov.au/adb

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