Policy Documents at a Glance
UOW Policy Documents
Writing & Reviewing Policy
Related Links
SEXUAL HARASSMENT PREVENTION POLICY
Date approved: |
26 November 2004 |
Date Policy will take effect: |
On approval |
Date of Next Review: |
December 2014 |
Approved by |
University Council | ||||
Custodian title & e-mail address |
Director, Employment Equity and Diversity Unit | ||||
Author |
Director, Employment, Equity and Diversity Unit | ||||
Responsible Faculty/ |
Employment, Equity and Diversity Unit | ||||
Supporting documents, procedures & forms of this policy |
Grievance Policy | ||||
References and Legislation |
Anti-Discrimination Act, 1977 (NSW) | ||||
Audience |
Internet – public access | ||||
Expiry date of Policy |
Not Applicable | ||||
Contents
- 1 Purpose of Policy 3
- 2 Definitions 3
- 3 Application & Scope - Exclusions or Special Conditions 4
- 4 Sexual Harassment and the Law 4
- 5 Sexual Harassment in a University Environment 4
- 6 Roles & Responsibilities 5
- 7 Making a Complaint 6
- 8 Seeking Help 6
- 9 Version Control and Change History 6
1 Purpose of Policy
- 1. The University of Wollongong supports the rights of all persons on campus to work or study in an environment that is free from personal intimidation and harassment. Sexual harassment is an unacceptable form of behaviour and it will not be tolerated under any circumstances. The University is committed to preventing and eliminating sexual harassment on campus. Disciplinary action will be taken against any employee or student who breaches this policy.
2 Definitions
3 Application & Scope - Exclusions or Special Conditions
- 1. This policy applies to all staff and students of all campuses of the University of Wollongong located within Australia and to all staff of the University of Wollongong employed within Australia undertaking activities overseas.
- 2. This policy applies to students living in university accommodation.
- 3. Many forms of harassment are unlawful. However, this policy is confined to addressing sexual harassment.
- 4. Where a student is also an employee, or a employee is also a student, the alleged perpetrator will be dealt with according to the capacity they hold at the time of the alleged offence.
- 5. The University would take seriously any form of sexual harassment by a member of the public against staff or students, which occurs on university grounds, including university accommodation.
4 Sexual Harassment and the Law
- 1. Sexual harassment is unlawful in employment, the workplace and education under the Anti-Discrimination Act, 1977 (NSW) and the Sex Discrimination Act, 1984 (Commonwealth). It is unlawful for:
- 2. Employers may be held responsible for their own behaviour and the behaviour of the people they employ.
- 3. Supervisors and managers may also be held responsible for sexual harassment in their work area or educational setting, particularly if they fail to take appropriate action to prevent its occurrence or continuation.
5 Sexual Harassment in a University Environment
- 1. Sexual harassment is the result of unwelcome conduct which includes:
- a. reluctant consent, where there is a disparity in relative authority or power or where a person is in a position to make a decision more or less favourable;
- b. ‘consent’ that is based on fear;
- c. intimidation or other circumstances relating to the relative status of those involved. For example, a student may find it difficult to refuse an advance from an academic supervisor out of fear of a potential impact on future results. In these circumstances, a perceived consensual relationship may be found to be sexual harassment;
- d. offensive written material or images of a sexual nature in any format; or
- e. using digital and online social networks to communicate sexual comments or images which humiliate or degrade a person.
- 2. Sexual harassment may occur:
- a. among peers, co-workers, or fellow students;
- b. between members of the same or different sexes;
- c. where a person seeks sexual favour in return for control or attempts to influence or affect the career or other employment opportunity of someone over whom they exert actual or perceived authority;
- d. where a person uses sexual behaviour to control, influence or affect the grades, course work or educational opportunity of someone over whom they exert actual or perceived authority; or
- e. to a member of the public in the course of study or University business.
- 3. For the protection of all parties, this University discourages sexual relationships between parties where:
- a. one party is in a position to control or affect the career or other employment opportunity of the other; or
- b. one party is in a position to control or affect the grades, course work or educational opportunity of the other.
- 4. Sexual harassment does not arise in the context of friendships or mutual attraction between people provided these relationships are based on genuine choice and consent.
- 5. Where such relationships do exist, the senior party is required to notify the appropriate senior manager of the existence of the relationship.. In these circumstances the relationship is considered a conflict of interest and should be declared following guidelines in the Conflict of Interest Policy.
6 Roles & Responsibilities
- 1. The Vice-Chancellor, the Senior Deputy Vice-Chancellor and the Deputy Vice-Chancellor (Academic) are responsible for equal opportunity, discrimination and harassment policies.
- 2. Development, coordination and implementation of this Policy and preventative strategies are the responsibility of the Director of Employment Equity & Diversity (EED), in consultation with the EED Committee and the Dean of Students.
- 3. Accountability for ensuring the elimination of sexual harassment throughout university accommodation, faculties, schools, departments and divisions rests with all Deans, Associate Deans, Directors and unit Heads.
- 4. All staff and students have a responsibility to:
- a. comply with this policy;
- b. offer support to anyone who is being harassed and let them know where they can get help and advice (they should not approach the harasser themselves); and
- c. maintain complete confidentiality if they provide information during the investigation of a complaint.
- 5. All staff are required to complete EO Online Module One within six months of their appointment.
- 6. Completion of EO Online Module One is a condition of probation for all staff.
- 7. All supervisors and managers are required to complete EO Online Module Two.
- 8. All incoming students are strongly advised to complete Responsibilities Rights and Respect Online (RRR Online). It is embedded as a compulsory requirement in some subjects.
7 Making a Complaint
- 1. Staff members who believe that they have been subjected to sexual harassment should discuss the problem with their immediate supervisor in the first instance, provided that person is not the harasser. If that is the case, the matter should be raised with the supervisor at the next level. Advice may also be sought from the EED Unit or from Human Resource Advisors.
- 2. Students who believe that they have been subject to sexual harassment should discuss the problem with their Student Support Adviser (SSA), Subject Coordinator, Faculty Sub-Dean or Dean in the first instance provided that person is not the harasser. Advice may also be sought from the Dean of Students or from the Student Advocacy Officer.
- 3. Staff of the University who investigate sexual harassment complaints will follow the Grievance Policy and Procedures.
- 4. Staff and students may lodge complaints with the NSW Anti-Discrimination Board or the Australian Human Rights Commission. Normally, once a complaint has been lodged externally, internal processes will not be activated, or if already commenced may be ceased.
8 Seeking Help
- 1. In cases where the form of sexual harassment is sexual assault, the NSW Rape Crisis Centre should be contacted.
- 2. The University provides a Counselling Service to support both students and staff.
9 Version Control and Change History
Version Control |
Date Effective |
Approved By |
Amendment |
1 |
26 November 2004 |
University Council |
New Policy |
2 |
28 October 2008 |
Administrative Committee |
Revised and updated with links to new policies and documents. Some material has been extracted which is now better represented in other policies and documents. |
3 |
6 May 2009 |
Vice Principal (Administration) |
Migrated to UOW Policy Template as per Policy Directory Refresh |
4 |
13 August 2009 |
Deputy Vice Chancellor (Academic) |
Minor amendment to update references to SEDLOs to refer to Student Support Advisers. |
5 |
17 May 2011 |
Director, Employment Equity and Diversity Unit |
References to Anti-Bullying Policy amended to Bullying Prevention Policy |
6 |
2 December 2011 |
University Council |
Amendments to include provision on completion of RRR Online by new students. |
Policy Directory Search
Ask for Help
Click here for information on how to contact the Policy and Governance Unit for advice and assistance on policy issues.













