• Section 1 - Purpose
• Background
• Scope
• Section 2 - Policy
• Section 3 - Procedure
• Section 4 - Guidelines
• Section 5 - Definitions

Section 1 - Purpose

(1) This Policy outlines the obligations of the Macquarie University community in preventing and responding to Unlawful Discrimination, Bullying and Harassment.

Background

(2) Macquarie University (the University) is committed to providing a work and study environment underpinned by values of dignity, respect and inclusion free from all forms of Unlawful Discrimination, Bullying and Harassment.

(3) Unlawful Discrimination, Bullying and Harassment, including Sexual Harassment, have a harmful impact on the University’s overall performance, achievements, reputation, and quality of staff, student and visitor experience.

(4) The University is committed to eliminating, preventing, and actively responding with reasonable and proportionate actions to concerns raised about Adverse Behaviours. This commitment is in accordance with its obligations under Positive Duty and broader responsibilities under relevant legislation to eliminate Sexual Harassment.

Scope

(5) This Policy applies to the University community which for the purpose of this Policy includes:

1. students (coursework and research);
2. academic and professional staff (including continuing, contract and casual, honorary, visiting and clinical appointments, guest lecturers);
3. sub-contractors working on a campus of the University;
4. visitors and associates of the University; and
5. people external to the University with whom students or staff interact as part of their study or work (e.g. employers supervising student placements).

(6) This Policy applies to conduct on any University campus, including the Wallumattagal (North Ryde) campus, all Sydney Institute of Business and Technology facilities, Sydney City campus and all University controlled buildings, facilities, places, and equipment. It extends to any activities, regardless of location, where University staff or students are representing the University and includes behaviour via any information and communication technologies.

Section 2 - Policy

(7) The University:

1. is committed to providing an environment where staff and students are able to work and study free from Unlawful Discrimination, Bullying and/or Harassment;
2. expects members of the University Community to act to create a fair, inclusive and safe environment, where diversity is valued and Unlawful Discrimination, Bullying, and/or Harassment in any form are considered unacceptable;
3. expects members of the University Community to behave in a reasonable and respectful way, and to refrain from and actively prevent (as much as is safe and reasonably practicable) any Unlawful Discrimination, Bullying and/or Harassment;
4. will not tolerate any form of Unlawful Discrimination, Bullying and/or Harassment;
5. encourages all members of the University Community who feel they have experienced Unlawful Discrimination, Bullying and/or Harassment at the University to raise their concerns with an appropriate authority within the University;
6. will assist those affected by Unlawful Discrimination, Bullying and/or Harassment and take all reasonable steps to protect them from any further incidents;
7. will support and keep informed all parties affected by matters raised about Unlawful Discrimination, Bullying and/or Harassment;
8. will take seriously and deal promptly and effectively with matters raised of Unlawful Discrimination, Bullying and/or harassment from members of the University Community;
9. will not tolerate the Vctimisation of a person for raising or being associated with a matter of Unlawful Discrimination, Bullying and/or Harassment;
10. will treat vexatious or malicious claims seriously and may refer these for disciplinary action; and
11. will provide professional development and educative strategies across the University Community to ensure that members are aware of their rights and responsibilities in relation to the prevention of and effective response to Unlawful Discrimination, Bullying and/or Harassment.

(8) Students who feel they have experienced Unlawful Discrimination, Bullying, and/or Harassment are encouraged to raise their concerns in accordance with the Complaints Resolution Procedure for Students and Members of the Public.

(9) Staff who feel they have experienced Unlawful Discrimination, Bullying, and/or Harassment are encouraged to raise their concerns in accordance with the Complaint Management Procedure for Staff.

(10) The University expects students to conduct themselves in accordance with the expectations set out in the Student Code of Conduct and the Equity, Diversity, and Inclusion Policy.

(11) The University expects staff and affiliates to conduct themselves in accordance with the expectations set out in the Staff Code of Conduct and the Equity, Diversity, and Inclusion Policy.

Section 3 - Procedure

(12) Nil.

Section 4 - Guidelines

(13) Nil.

Section 5 - Definitions

(14) The following definitions apply for the purpose of this Policy:

1. Adverse Behaviour means behaviour which a reasonable person would not consider appropriate. This includes, but is not limited to, Unlawful Discrimination, Harassment, Sexual Harassment, Bullying, Victimisation and Vilification.
2. Bullying means repeated and unreasonable behaviour by an individual or group directed towards an individual or group where that behaviour creates a risk to health and safety. Bullying does not include action in the course of management of the University (including management of its research and academic programmes) carried out in a reasonable manner. Bullying includes, but is not limited to, conduct via the internet, email or other electronic means.
3. Harassment means any type of behaviour, explicit or implicit, verbal or non-verbal that is unwelcome, offensive, abusive, belittling or threatening.
4. Positive Duty refers to the Sex Discrimination Act 1984 (Cth) and Work Health and Safety (WHS) legislation which impose a positive obligation on employers to take reasonable and proportionate measures to eliminate Sexual Harassment in the workplace.
5. Sexual Harassment means:
   1. making an unwelcome sexual advance, or an unwelcome request for sexual favours, to another person; or
   2. engaging in other unwelcome conduct of a sexual nature in relation to another person (including making a statement of a sexual nature to, about or in the presence of another person);
      
      in circumstances in which a reasonable person, having regard to all the circumstances, would have anticipated the possibility that the person harassed would be offended, humiliated or intimidated.
6. Unlawful Discrimination means less favourable treatment of a person or group on the basis of their:
   1. sex and intersex status;
   2. pregnancy or potential pregnancy;
   3. responsibilities as a carer;
   4. marital or domestic status;
   5. race, colour, nationality, descent or ancestry, and ethnic, ethno-religious or national origin;
   6. age;
   7. disability or presumed disability;
   8. sexual orientation;
   9. gender identity and gender expression; or
   10. religious or political belief or activity.
       
       Unlawful Discrimination can be direct or indirect:
       1. Direct discrimination is treating, or proposing to treat someone unfairly because of a characteristic (such as race, sex, age, etc), in the same or similar circumstances;
       2. Indirect discrimination is imposing or intending to impose a requirement, condition or practice that is the same for everyone but which has an unequal or disproportionate effect on particular individuals or groups.
7. Victimisation means any unfavourable treatment of an individual or group who are directly or indirectly associated with a discrimination, Bullying or Harassment complaint.
8. Vilification means a form of Unlawful Discrimination which is a public act or expression that incites hatred against, contempt for, revulsion or severe ridicule of an individual or group on the basis of their personal attributes including race, colour, nationality, descent or ancestry, ethnic-religious origin, national origin, sexuality, transgender status and/or HIV/AIDS status.