ANTI-BULLYING POLICY

Date approved:

5 November 2002

Date Policy will take effect:

On approval

Date of Next Review:

September 2010

Approved by:

Administrative Committee

Custodian title & e-mail address:

Director, Employment Equity and Diversity Unit
lynne_wright@uow.edu.au

Author:

 

Responsible Faculty/

Division & Unit:

Employment Equity and Diversity Unit

Supporting documents, procedures & forms of this policy:

 

References & Legislation:

Grievance Policy
Procedures for Investigating Grievances

Student Conduct Rules

Campus Access and Order Rules

IT Acceptable Use Policy

Audience:

Public – accessible to anyone

Expiry Date of Policy:

Not Applicable

Contents

1 Purpose of Policy

  • 1. Workplace bullying can have harmful effects on staff, students and the organisation.
  • 2. The effects of workplace bullying may include:
        • a. high stress levels, anxiety, sleep disturbances;
        • b. ill health, severe tiredness, panic attacks, impaired ability to make decisions; and
        • c. incapacity to work, loss of self-confidence and self-esteem, feelings of social isolation, reduced output and performance.
  • 3. Impact for the organisation may include:
        • a. reduced efficiency, productivity and profitability;
        • b. increase in student non completion levels;
        • c. adverse publicity, poor public image, i.e. becoming 'known' as a difficult environment;
        • d. unsafe work environment;
        • e. increased absenteeism, sick leave, staff turnover;
        • f. poor morale, erosion of loyalty and commitment;
        • g. increased costs associated with counselling, employee assistance, mediation, recruitment and training of new staff, management time; and
        • h. costs resulting from legal action.
  • 4. The University of Wollongong is committed to ensuring an environment conducive to good work/study outcomes and practices, which value people. To this end the University considers bullying unacceptable.
  • 5. All students have the right to study in an environment free of bullying. They also have a responsibility to ensure they do not bully others.
  • 6. All employees have the right to work in an environment free of bullying. They have a responsibility to ensure they do not bully others.
  • 7. All managers, supervisors and lecturing staff have the additional responsibility to take action to stop bullying when it is brought to their attention.

2 Application & Scope - Exclusions or Special Conditions (if any)

  • 1. This policy applies to all staff and students working and/or studying at any onshore campuses of the University of Wollongong.

3 What is Workplace Bullying?

  • 1. Bullying is behaviour that intimidates, degrades or humiliates a member of the campus community. It may be one-on-one or in front of other staff, students or visitors.
  • 2. It includes the repeated less favourable treatment of a person by another or others in the work/study environment, which is considered unreasonable and inappropriate practice.
  • 3. Bullying can take place between:
        • a. staff members;
        • b. a staff member and a student;
        • c. students;
        • d. a staff member or student and another person on campus.
  • 4. Bullying is NOT about occasional differences of opinion, conflicts and problems in work/study relationships - these are part of working life and every conflict certainly does not constitute bullying. When the behaviour is unreasonable, degrading or contrary to University policies and procedures, then it should be addressed.
  • 5. It is NOT workplace bullying for a supervisor or lecturer, within the framework of University policies and procedures:
        • a. to note poor performance, suggest ways to improving performance, follow through on poor work practices, deal with complaints from others, institute proceedings for unsatisfactory performance, misconduct, dismissal or exclusion within the framework of University policies and procedures; or
        • b. for colleagues or students to point out professional difficulties they have with other members of the campus community, provided that it is done in an appropriate manner.

4 Kinds of Bullying Behaviour

  • 1. Bullying may include:
        • a. yelling, screaming, abusive or offensive language, insults, inappropriate comments about a person's appearance, personal life or lifestyle, defamation of individuals or their family or associates;
        • b. constant belittling opinions or unreasonable criticism of others;
        • c. isolating individuals from normal work/study interaction without justification;
        • d. impossible demands within the framework of existing work unit standards;
        • e. minimisation or non-acknowledgment of contribution to team activities;
        • f. deliberately withholding work/study related information or resources, or supplying incorrect information to an individual;
        • g. teasing or regularly being made the brunt of pranks/practical jokes, particularly after an objection has been made known;
        • h. displaying written or pictorial material which degrades or offends an individual;
        • i. unreasonable and punitive "administrative sanctions" e.g. deliberate delay in processing/marking an individual's work, applications for training, leave or payment of wages;
        • j. in the workplace creating unexplained job changes, setting meaningless tasks or tasks well beyond a persons job description;
        • k. handling the personal effects or work equipment of other staff without reasonable justification; or
        • l. abusive e-mails.

5 Electronic Bullying

  • 1. The use of electronic technology as a vehicle for bullying is relatively new. Additional explanation is needed as the accepted use of colloquial language and speed of communication make it easy for electronic technology to be used to harass or bully.
  • 2. E-mail is provided primarily for University business use. It is written communication and is sent in the name of the University of Wollongong using university facilities. E-mail may be subject to legal proceedings. Nothing should be e-mailed that would not be written in other work communications.
  • 3. E-mail messages should not include:
        • a. any communication which fits the bullying behaviour described above;
        • b. comments or images that would offend a person on the basis of his or her gender, age, sexual orientation, religion or political beliefs; or
        • c. exhibition, copying or transmission of obscene or sexually explicit images or actions on university equipment or networks.
  • 4. Forgery or attempted forgery of e-mails; attempts to read, delete, copy or modify e-mails of other users; obscene and/or threatening e-mails of other users; attempts at sending harassing, obscene and/or threatening e-mail and any accessing, viewing or passing on of child pornography is strictly prohibited. Offenders may be subject to University disciplinary procedures and/or civil or criminal sanctions.

6 What Actions Can Be Taken By Those Being Bullied?

Approaching the Alleged Bully

  • 1. It is recommended that whenever possible, the alleged bully is spoken to directly, told precisely of the behaviour, which is objected to, and asked to stop. This may solve the problem. If the person being bullied is too intimidated to approach the bully in person, other options to deal with the matter are suggested below.
  • 2. If speaking is ineffective, the alleged bully may be written to and a statement, including date, time and action claimed to be bullying, request to stop and an indication that the matter will be raised with the relevant supervisor if the behaviour does not stop, should be provided.

Seek Assistance

  • 3. If the above approach is unsuccessful or inappropriate, staff being bullied may consider the following steps.
    • 3.1. If they think there will be no unfavourable consequences for themselves, they may:
        • a. inform their immediate supervisor and together attempt to resolve the problem;
        • b. if the timing is appropriate, incorporate the problem into annual career development discussion, however the discussion should not be delayed if this interview is not imminent;
        • c. if this does not work or if the immediate supervisor is part of the problem, the next person in the chain of command should be approached;
        • d. an appropriate person (supervisor, personnel or union representative) may be approached for advice, support and assistance;
        • e. approach the EED Unit particularly if the bullying involves acts such as sexual or racial harassment or other discrimination based on the grounds covered by NSW or Commonwealth anti-discrimination legislation; or
        • f. seek mediation which may be arranged through the EED Unit.
  • 4. If the above approach is unsuccessful or inappropriate, students being bullied may do the following.
    • 4.1. If they think there will be no unfavourable consequences for themselves, they may:
        • a. inform their lecturer and together attempt to resolve the problem;
        • b. if this does not work or if the lecturer is part of the problem, the Subject Co-ordinator, Head of Department/Program or the Faculty Sub Dean should be approached;
        • c. an appropriate person (other staff member, Student Support Adviser or Dean of Students) may be approached for advice, support and assistance;
        • d. the Dean of Students may be approached directly; or
        • e. seek mediation through Counselling Services.

Keep a Diary

  • 5. Bullying can sometimes be difficult to define and to prove. It is therefore important for a diary to be kept in as much detail as possible of alleged:
        • a. incidents;
        • b. witnesses names; and
        • c. the names and addresses of people willing to support claims.
  • 6. This diary may be used at a later date, if there is no resolution or problems escalate. If a diary is kept, emotional language or unsupportable claims should be avoided. This record is a one-sided view of the interaction with the alleged bully.

Formal Complaint Procedures

  • 7. Complaints against staff may be lodged with a written complaint using the University's Procedures for Investigating Grievances, particularly if:
        • a. other approaches are unsuccessful, or
        • b. the allegations are so serious that other approaches are inappropriate; and
        • c. the matter is not excluded from the Grievance Resolution Procedures because they are dealt with under other mechanisms (see section 2.2 of Grievance Resolution Procedures).
  • 8. Complaints against Students may be lodged with a written complaint using either the University's Student Conduct Rules or Campus Access and Order Rules particularly if:
        • a. other approaches are unsuccessful; or
        • b. the allegations are so serious that other approaches are inappropriate.
  • 9. The Student Conduct Rules provide for a written complaint about student misconduct to be sent to the Academic Registrar or nominee, the University Librarian or nominee, the Deputy Vice-Principal (Finance and IT) or nominee, the Head of Accommodation Services or the Head of University Residences or nominee. These officers will assess the complaint and if they consider it warranted, they may deal with the matter or refer it to the Student Conduct Committee.
  • 10. Campus Access and Order Rules provide for a written complaint about disorderly conduct to be made directly by any person to the Academic Registrar.
  • 11. Definitions and details of these processes are available in the University Handbook.
  • 12. Possible outcomes of formal complaint procedures include:
        • a. dismissal of the complaint where it is not upheld;
        • b. a finding that bullying occurred; and disciplinary action for the bully.

7 Legal Implications

  • 1. Under relevant NSW Occupational Health and Safety legislation:
        • a. the University has an obligation to ensure the health and safety of staff and students. Bullying has the potential to impact on the health and safety of the campus community, therefore the University's obligations extend to taking reasonable steps to ensure that bullying on campus is prevented or stopped; and
        • b. staff and students also have an obligation to take reasonable care in the work /study environment both for themselves and others. This includes following University policies, especially health and safety, bullying and particularly prompt reporting of incidents.
  • 2. Where bullying involves acts such as sexual harassment or discrimination, claims may be lodged under Commonwealth or State anti-discrimination legislation on the grounds of race, sex, sexual harassment, marital status, physical or intellectual impairment, age, homosexuality, homosexual vilification, HIV/AIDS, and transgender discrimination and vilification.
  • 3. Where bullying involves assault, threat of assault or other criminal actions, it may become a police matter.

8 Counselling

  • 1. Staff and students experiencing bullying may wish to undertake counselling by contacting the Counselling Service on 4221 3445. If staff have a conflict of interest or it is inappropriate for some other reason to utilise the University Counselling Service, they may contact the EED Unit to discuss possible alternative arrangements.

9 Personal Development

  • 1. Staff or students experiencing bullying may also wish to undertake personal development courses to enable them to cope with the bullying while the problem is being addressed.
  • 2. These courses may cover:
        • a. improving communication skills
        • b. conflict resolution
        • c. stress management
        • d. self-confidence and self-esteem
  • 3. Details of available courses can be provided by Professional & Organisational Development Services (for staff) or Student Services (for students).

10 Responses to Bullying Behaviour

Approach Bully

  • 1. Approach the alleged bully in person or in writing and:
        • a. describe the behaviour you object to; and
        • b. ask that the behaviour stop.

Seek Assistance

  • 2. For Staff:
        • a. inform your supervisor;
        • b. refer to next supervisory level if previous step does not work or that person part of problem.
        • c. lodge a formal complaint using the Procedures for Investigating Grievances;
        • d. keep a diary;
        • e. consider other optional assistance:
          • i. seek advice, support from other relevant person (see guidelines);
          • ii. try mediation available through the EED Unit.
  • 3. For Students:
        • a. inform your lecturer;
        • b. refer to the next supervisory level if previous step does not work or that person part of problem (e.g. Subject Coordinator, Head of Unit or Head of Program, Faculty Sub-Dean);
        • c. keep a diary;
        • d. lodge a formal complaint, using the Student Conduct Rules or the Campus Access & Order Rules.
  • 4. Seek Counselling or Personal Development at any time deemed appropriate through the process.

11 Roles & Responsibilities

  • 1. Roles and responsibilities are as outlined in this policy.

12 Version Control and Change History

Version Control

Date Effective

Approved By

Amendment

1

5 November 2002

Administrative Committee

First Version

2

11 September 2009

Deputy Vice-Chancellor (Academic)

Migrated to the UOW Policy Template and updated as per the UOW Policy Refresh.

       
Last reviewed: 18 September, 2009

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