Sexual Harassment and Harassment Policy

1. Policy Statement

The University of Waikato is committed to providing a work and study environment that is free from any form of harassment, including sexual harassment and bullying. The University finds any form of harassment totally unacceptable and recognises the adverse effect such behaviour has on people who work in or use the University's facilities

All staff, and students, have a right to be treated with equal regard, dignity, concern and decency. Any action or inaction, communication or behaviour that could reasonably be interpreted as harassment or bullying will not be tolerated. Harassment of any kind denies the worth, integrity and dignity of human beings, fails to respect human rights, and may constitute unlawful discrimination. It affects both men and women and no-one has to put up with it.

University staff with line management responsibility must take all reasonable steps to ensure that the work or learning environment for which they are responsible is free from sexual harassment and other forms of harassment including bullying.

The University will provide impartial processes for dealing with harassment and bullying and assist in the resolution of complaints. These processes are available to everyone in the University environment including students, staff, contractors or clients of the University, and any authorised volunteers. They are also available to any student who has left the University, provided that a complaint is lodged within 12 months of the incident(s).

Harassment of any kind, if proven, constitutes unacceptable behaviour. The University may consider disciplinary action if a student or staff member is found to have harassed another student or staff member.

2. Purpose

To assist in the resolution of any harassment or bullying complaints made by any member of the University community against any other member and to provide a clear policy and fair procedure that are well known and understood by staff and students.

3. Definitions

Sexual Harassment

Sexual harassment is unlawful and consists of any physical or verbal sexual behaviour that is unwelcome, uninvited and unwarranted. It can arise from sexually orientated jokes; innuendo; unnecessary physical contact; invitations for outings; requests for sex; displays of offensive material, posters or graffiti; derogatory comments; and offensive messages, emails or telephone calls. It is a situation that directly or indirectly subjects a person to sexual behaviour that is unwelcome or offensive to them and that, either by its nature or through repetition, has a detrimental effect on that person’s ability to study or engage in her/his normal work activities.

Sexual harassment is most serious when it includes any of the following:

• an implied or expressed promise of preferential treatment for complying with a sexually orientated request;
• an implied or expressed threat of detriment e.g. to employment status or student work, or the actual causing of detriment, for refusing to comply with a sexually orientated request or because a person has made, or indicates an intention to make a complaint or has in any other way objected to the sexually orientated behaviour;
• actual physical sexual assault or rape.

Mutual social interactions or relationships freely entered into do not constitute sexual harassment.

Harassment

All who work in or use the University facilities have the right to be free from fear of or concern about being harassed.

• Racial harassment involves the use of language, visual material or physical behaviour that may directly or indirectly express hostility against, or bring into contempt or ridicule, a person on the grounds of their race, colour or ethnic or national origins.

• Harassment may also be based on gender, marital status, religious or ethical belief, disability, age, political opinion, employment status, family status, sexual orientation, or involvement in the activities of an employee organisation.

Within the University harassment can be further defined as interference in the pursuit of work or study, or the proper enjoyment of University amenities, by offensive, unwelcome or unwarranted attention from any member of the University community towards another. If such behaviour makes a person feel offended and humiliated or intimidated and frightened or uncomfortable at work or in class or leaves them feeling that their morale or work effectiveness has been affected, then it may constitute unlawful discrimination.

“Bullying" means repeated, deliberate and targeted conduct by a person towards a member (or members) of the University community which is offensive, intimidating or humiliating and which detrimentally affects that member’s well-being.

In addition, the improper use of power based on academic or administrative status (i.e. the use of a position to insult, bully, dominate, manipulate, disadvantage or discriminate) may also constitute harassment.

4. References

University of Waikato Equal Opportunities Policy
University of Waikato Procedure for Resolving Employment Relationship Problems and Personal Grievances
University of Waikato Code of Ethics for Academic Staff
University of Waikato Staff Code of Conduct
University of Waikato Student Discipline Regulations
Employment Relations Act 2000, and the 2004 amendments
Human Rights Act 1993 and subsequent amendments
Privacy Act 1993
State Services Act 1988
And any other relevant Acts or Amendments to Acts

The Employment Relations Act 2000 and the 2004 amendments and the Human Rights Act 1993 and subsequent amendments codify forms of discrimination which are unlawful and which the University will not permit. The provisions contained in these Acts are drawn to the attention of all members of the University community. Copies of relevant Acts are available on line at: http://rangi.knowledge-basket.co.nz/gpacts/actlists.html. Advice can also be sought from the University’s Contact Person Network, Human Resource Advisers, Employee Organisations (Unions) and the legal profession.

5. Procedures

Individuals who believe they have experienced some form of harassment should act promptly. Individuals are encouraged to exhaust internal University mechanisms for dealing with complaints in the first instance¹.

THE UNIVERSITY PROCEDURES FOR THE RESOLUTION OF HARASSMENT COMPLAINTS

5.1 Initial Advice and Support Using The Network of Harassment Contact People

Within the University there is a network of trained staff and students whose role is to:

• listen to an explanation of the problem and be supportive
• provide information on possible courses of action
• help identify what action a person wishes to take, if any
• facilitate subsequent processes.

The primary role of the Contact Person is to explore options and offer support.

• At this stage the objective is to encourage and assist the person to resolve the problem wherever possible or to identify a suitable course of action appropriate to the circumstances.
• The contact person network is widely publicised within the University. It is supplemented by a free 7 days a week, 24 hours a day EAP Services phone line, 0800 327 669, which individuals may call.

The contact person network, including the 0800 number, is usually the first point of contact for anyone seeking assistance in relation to sexual harassment, other forms of harassment or bullying within the University environment. The contact person network is co-ordinated by a Harassment Co-ordinator, currently Wendy Craig, Director, Student and Academic Services Division. The contact person network is based on a three-fold approach combining an internal University contact network, the 0800 number and the use of external mediators, contracted on an as and when required basis.

Whenever a supervisor, manager or chairperson is approached by a person who feels they have been harassed in some way or discriminated against, they should refer the person to the contact person network.

Discussions with a Contact Person are strictly confidential, and at this stage of the process only a statistical record will be kept. The Contact Person will:

• help clarify whether the offending behaviour constitutes a form of harassment or discrimination;
• explore possible strategies for resolving the situation;
• provide advice about rights under the relevant legislation and the formal procedures available for resolving the complaint; and
• provide support and assist with identifying the course of action to be taken, if any.

Following such discussions, the person may choose:

• to take no further action;
• to attempt to resolve the issue;
• to request formal intervention.

If the person undertakes to resolve the situation independently, the Contact Person should follow up within seven days to ensure that the problem is resolved to the person’s satisfaction. The Contact Person will not take any further action without consent. If the matter does not proceed beyond the initial advice stage then a statistical record only will be kept by the Contact Person. This will be forwarded to the Harassment Co-ordinator for monitoring purposes.

The Contact Person will make a judgement based on consultation with the complainant, depending on the course of action being proposed at this point, whether the person who is the subject of a potential complaint should be informed of the matter.

Separate Contact People can, in the first instance, provide confidential support and assistance to both the person raising concerns and the person who is the subject of those concerns.

5.2 Formal Complaints

After discussing the problem, the person may wish to make a formal complaint. Any formal complaint of harassment should be made in writing to the Harassment Co-ordinator, currently Wendy Craig, within seven days. The person complaining (‘the claimant’) should write, sign and date a brief written summary of the incident or incidents of alleged harassment. This statement will be given to the person being complained about (‘the respondent’). Formal complaints will be dealt with as quickly as possible , and in normal circumstances within eight weeks. A decision will be made by the Harassment Co-ordinator, in consultation with the parties, as to the most appropriate managed intervention process in the circumstances.

Union assistance can also be sought at any point in the process.

It is recognised that some alleged behaviour may constitute serious misconduct (and possibly a criminal offence to be referred to appropriate external authorities). If so, an immediate formal investigation under the University’s discipline procedures for staff or students is required and the matter will be referred to the Director, HRM or the Student Discipline Committee, as appropriate.

Alternatively, and wherever possible, the Harassment Co-ordinator will set up processes to resolve complaints impartially, sometimes involving a mediator. Such processes are confidential and agreed to by both parties. The appointed mediator, who may be a Senior Contact Person or external to the University, will contact both parties (‘the claimant’ and ‘the respondent’) and discuss the mediation process. During the mediation the mediator will listen to, explore and discuss resolution of the issue with the complainant and the respondent, (together with their respective representatives and/or support people) and, where appropriate, other relevant people. The aim of mediation is to reach an agreement, to resolve the problem and ensure that it does not continue or recur.

The Vice-Chancellor and the relevant Dean or Director, if appropriate, will be informed and provided with regular progress reports regarding the resolution of any formal complaints.

It is recognised that a resolution will not be achieved in every case. If the mediator is unable to resolve a complaint, the mediator will provide a confidential summary report to the Harassment Co-ordinator so that a decision may be made on the most appropriate future action. This may include referral to:

• the Vice-Chancellor, Deans, Directors or other relevant Managers
• the Director, Human Resource Management Division
• the Student Discipline Committee.

A claimant may at any time decide to refer a complaint of discrimination to the Human Rights Commission or, if a staff member, use the alternative procedures available within the University for resolving an employment issue². Under the Employment Relations Act 2000 employees have a 90-day limit within which Personal Grievances must be raised. An employee may choose to pursue matters further either through the Human Rights Act or through the Employment Relations Act but not both.

Claimants have the right to withdraw from the process at any stage. However, this will not necessarily halt further investigation and/or action, e.g. disciplinary procedures, by the University where there is a perceived risk, or such action is appropriate, or where there would be legal implications if some action is not taken.

5 .3 Confidentiality

The University is committed to maintaining confidentiality unless there are exceptional circumstances involving probable risk to the safety of any individual, or where maintaining confidentiality would be unlawful.

5.4 Defamation

Due to the possibility of defamation proceedings, all information must be kept as confidential as possible. Claimants and respondents are advised not to discuss any matters pertaining to a complaint with anyone other than those directly involved.

5.5 Procedural Fairness

The University will observe the principles of natural justice and procedural fairness by ensuring that anyone whose interests may be adversely affected by a complaint is aware of the allegations against them, including the identity of the person making the allegations, and given the opportunity to respond. The University will not act on anonymous complaints.

The parties involved with or affected by complaints dealt with under these procedures are entitled to a fair hearing and will be kept fully informed throughout the process.

5.6 Sanctions That May Be Applied

Penalties

• Staff of the University are bound by the Staff Code of Conduct and attention is drawn to the discipline provisions contained in that policy. Academic staff are also bound by the Code of Ethics for Academic Staff.
• Students are bound through the signing of a student declaration at enrolment regarding the University of Waikato Discipline Regulations, contained in the University Calendar.
• The Human Rights Act 1993 and subsequent amendments also contains penalties that may be applied.

Restitution

• Options include:
• A formal apology to the claimant by the respondent, or vice-versa;
• Consideration where a student has suffered detriment to their academic course work.
• Correction, if possible, where an employee has suffered detriment in his or her job.
• Provision of assistance in obtaining counselling, or medical assistance, where this has been recommended.

Vindication

• Where a person has been wrongly complained of, he or she may wish to be formally vindicated by the Vice-Chancellor.

False or vexatious complaints

• Should any person make a complaint that is found to be false or vexatious, sanctions may be applied, either through procedures set out in the Staff Code of Conduct or, if a student, through the Student Discipline Committee.

• Measures of Effectiveness
• Percentage of complaints resolved per annum through internal processes.
• Number of complaints referred to external bodies.
• Client satisfaction with the sexual harassment and harassment policy and procedures that are provided by the University.
• Implementation

The Vice-Chancellor, on the recommendation of the Harassment Co-ordinator, and following a selection process, formally appoints staff and students to the contact person network. Contact people are appointed for a two-year term with the option of renewal on an annual basis thereafter. Organisation of the initial training and the ongoing development of skills will be the responsibility of the Harassment Co-ordinator.

In addition to the internal network, an agreement has been made with EAP Services to provide an 0800 harassment service for the University. Through this service individuals may telephone 0800 327 669, 7 days a week and 24 hours a day as a first point of contact.

A suitably qualified and skilled panel of external Mediators are available and can assist in the training and development of staff and students selected to the internal contact person network.

1. A claimant may at any time decide to refer a complaint to the Human Rights Commission or, if a staff member, use the alternative procedures available within the University for resolving employment issues. Under the Employment Relations Act 2000 employees have a 90-day limit within which Personal Grievances must be raised. An employee may choose to pursue matters further either through the Human Rights Act or through Employment Relations Act, but not both.

2. The Procedure for Resolving Employment Relationship Problems and Personal Grievances is available on line at: http://www.waikato.ac.nz/hrm/internal/policy/resolveprobs.html