PURPOSE
This policy details the policies and processes related to harassment, bullying, and discrimination within or in connection to Leaders Institute (LI). This policy should be read in conjunction with the Sexual and Gender-Based Misconduct Prevention and Response Policy.
SCOPE
Whole Institute
PRINCIPLES
Prevention
LI ensures that:
- there is no tolerance for harassment (including sexual and gender-based harassment), bullying, vilification, and discrimination by any member of the LI community;
- leaders and managers model a safe and inclusive learning and working environment;
- staff, students, contractors, and visitors are treated with dignity, courtesy and respect;
- staff complete training in prevention and response measures;
- bystander intervention is promoted across all delivery sites and modes;
- early corrective action is taken to deal with inappropriate behaviour, even if a complaint has not been made;
- breaches of this policy are reported.
Response
LI ensures that:
- reports and responses adhere to the Complaints, Grievances, and Appeals Policy;
- the health, safety, and wellbeing of individuals involved are prioritised;
- complainants and respondents are treated in a sensitive, fair, timely and confidential manner;
- complainants are protected from victimisation or reprisal;
- trauma-informed responses are implemented for managing disclosures and reports to minimise further harm;
- the complainant always has the right report directly to the police or a third party;
- breaches of this policy are dealt with according to the Code of Conduct Policy;
- responses adhere to procedural fairness;
- all relevant parties are informed of any action taken in relation to the disclosure or complaint, including expected timelines for resolution.
LI recognises that harassment, bullying, and discrimination may involve comments and behaviours that offend some people and not others. Individuals may react differently to comments and behaviour. That is why a minimum standard of behaviour is required of students, staff, contractors, and visitors.
Breach of this policy may result in disciplinary action up to and including exclusion from the student’s course or dismissal of staff. In some instances, this may also amount to a criminal offence or a breach of the Anti-Discrimination Act 1991 (Qld). If an international student engages in harassment, bullying and/or discrimination, their Confirmation of Enrolment (CoE) may be cancelled which may lead to their student visa being revoked.
DEFINITIONS
Bullying: is defined by the Fair Work Act (2009).
Complaint: expression of dissatisfaction made to or about LI, related to its products, services, staff or the handling of a complaint, where a response or resolution is explicitly or implicitly expected or legally required
Cyberbullying: bullying conducted with the use of technology, like mobile phones or the internet.
Discrimination: when a person or a group of people are treated less favourably than another person or group because of race, colour, national or ethnic origin; gender or marital status; disability; religion or political beliefs; sexual preference; or any other attribute defined in state or federal legislation.
Harassment: treating an individual less favourably because of their:
- race, colour, descent or national or ethnic origin, as defined under the Racial Discrimination Act 1975;
- sex, marital status, or pregnancy as defined under the Sex Discrimination Act 1984;
- disability as defined under the Disability Discrimination Act 1992;
- age as defined under the Age Discrimination Act 2004;
- Australian Human Rights Commission Act 1986
Harassment can occur on campuses, at work-related functions, during field excursions, through unwelcome phone calls, or following someone home from work.
Racism: individual or institutional prejudice against people based on colour, ancestry, ethnicity, or nationality.
Trauma-informed: responses that recognise the impact of trauma and prioritises the physical, psychological and emotional safety of all the parties associated with a disclosure or report.
Vilification: hatred, contempt, or ridicule of an individual or group based on characteristics, such as race, religion, sexuality, or gender identity. This includes but is not limited to hate-speech, graffiti, social media, propaganda, threats, and destruction of property.
DISCLOSURE AND REPORTING
LI encourages individuals to report incidents of harassment, bullying, and discrimination they have experienced or witnessed in adherence of the Complaints, Grievances, and Appeals Policy. Reporting options range from informal disclosure to anonymous reporting and lodgement of the Complaints, Grievances and Appeals Form. Confidential and personal information is only released with the consent of the person involved, next of kin, or where it may be necessary to protect the health, safety, and wellbeing of others. Complaints that are frivolous, vexatious, misconceived, or lacking in substance are rejected if discovered during the preliminary investigation.
The Institute retains an anonymous report in the LI Register of Complaints, Grievances, and Appeals. However, LI may not be able to take further action arising out of anonymous reports if there is limited or no information to identify the parties involved or the subject of the report.
LI may need to take action when there is an unacceptable risk of further harm to the individual or to others, or to comply with mandatory reporting obligations such as those prescribed by Child Protection Legislation. In cases of assault, sexual assault or other behaviour that may constitute a crime, LI may be required to report the incident to police or other relevant authorities. The Institute informs the individual as soon as possible if required.
PROCEDURAL FAIRNESS
- fully informing a person of any allegation/s made against them and support services available;
- giving respondents the opportunity to state their case, provide an explanation or put forward their viewpoint;
- conducting a proper investigation of the allegations, ensuring that all parties are heard and that all relevant submissions are considered, with reasons given for any decision;
- acting fairly, impartially and without bias;
- declaring any real or potential conflict of interest;
- ensuring false or misleading allegations are investigated and consequences actioned.
RESOLUTION OPTIONS
If a staff member or student feels they have been bullied, harassed, vilified or discriminated against, the individual may:
- talk to the person directly and advise that their behaviour is unacceptable and must stop;
- seek advice and/or support from the Student Support Team or work supervisor;
- submit a complaint in accordance with the:
- Complaints, Grievances, and Appeals Policy;
- Sexual and Gender-Based Misconduct Prevention and Response Policy;
- Staff Grievance Policy.
RECORD-KEEPING
LI ensures that:
- record-keeping adheres to the Record Management Policy;
- appropriate and confidential records of all disclosures and complaints are retained;
- Register of Complaints, Grievances, and Appeals data is analysed and reviewed for LI’s governing bodies, detailing outcomes, recommendations, trends, and emerging issues related to this policy.