Equal Opportunity Policies and Procedures

This policy aims to clarify for all staff of the University community the conduct expected in the performance of duties, and in maintaining public trust and confidence in the integrity and professionalism of the services provided by the University. The successful development of an ethical environment relies upon all staff having responsibility for their own professional behaviour taking into consideration the provisions of this policy and other University policies.

This policy cannot address all possible issues which staff may face in their employment at the University, but it does cover the three main issues; firstly determining whether there is a conflict of interest (or potential conflict or perception of bias); secondly determining if there has been an abuse of trust; and thirdly protecting the parties so that decisions are not affected or seen to be affected by personal or financial relationships.

This document sets out the policy for staff when dealing with personal or financial relationships which might involve other staff, students or members of the community in the context of the University workplace.

For the purpose of this policy, personal or financial relationships are defined as relationships which extend beyond employment based relationships and contain factors irrelevant to the working competencies of staff.

The general principle which should guide behaviour is that it is professionally undesirable and in certain cases unacceptable that personal or financial relationships should impact on, or be perceived to impact on, or influence working practices, to the extent that another staff member, student or member of the community could be, or believe themselves to be, unfairly advantaged or disadvantaged.

Family relationships (parent/child, husband/wife defacto/spouse, siblings, relations by marriage such as brother/daughter-in-law, niece, and nephew etc.)

Positive and negative emotional relationships, including all sexual relationships, antagonisms, and close friendships.

Employment relationships where a perception of bias may reasonably be seen to exist. A perception of bias may be seen to exist where it would be likely that an independent fair-minded person might reasonably fear that a supervisor in an employment relationship might be influenced by factors or considerations other than proper academic or employment management factors or considerations.

Financial relationships including:

• an arrangement which could result in personal financial gain or loss for a staff member; or
• a financial conflict of interest arising from a staff member with a financial interest in a business or company involved in delivering a service to, for or on behalf of the University; or
• a University research or consulting account over which an individual staff member has effectively full control.

It is not possible to document all instances in which relationships might impinge on the workplace and lead to questionable outcomes such as a conflict of interest. This policy is intended to provide an indication of situations to be avoided.

Examples of situations where relationships of the nature identified in 6.3.3 above exist and are not consistent with this policy include:

• selection, confirmation of an appointment, transfer, reclassification, promotion and/or continuing appointment of staff, including ongoing, fixed term or casual staff;
• termination of employment;
• provision of opportunities and funding for research, conferences, training/development and accommodation;
• referee reports and performance appraisal and review;
• selection of students for awards, prizes and scholarships etc.;
• assessment or supervision of students;
• selection of students for admission, honours and post-graduate supervision;
• provision of advice to a deliberative body (e.g. a school review);
• awarding of contracts or tenders.

In many cases only the individual staff member will be aware of the potential conflict of interest and each individual situation will be different. All senior staff involved must ensure that the process is conducted in accordance with this policy and that information disclosed is treated confidentially.

Staff who are involved in relationships where there may be or could be seen to be a conflict of interest (examples above) are required to declare the relationship or the conflict of interest to their supervisor or relevant Head of School.

Prior to notification (refer above) staff may refer the matter to the Dean or the Equity and Diversity Office for guidance in complying with this policy.

Information concerning a potential conflict of interest may also be forwarded to the Head of School from a student.

The Head of School or supervisor will inquire into the matter raised in consultation with the staff member and advise the staff member of any action to be taken as a result of declared or notified conflict of interest.

The action taken by the Head of School or supervisor will ensure the withdrawal of the staff member from any of the processes of the type identified in 6.3.4.

If withdrawal from these processes is not reasonably practicable, the Head of School or supervisor must make either of the following arrangements for dealing with situations outlined in 6.3.4:

• establish parallel/alternative arrangements specifically for the purpose; or
• ensure that the existence of any conflict of interest is clearly and formally communicated in writing to all those involved in making the relevant decision.

The above is only intended to deal with exceptional circumstances where the withdrawal of a staff member would disrupt the general function of the University.

It should be stressed that issues of confidentiality are to be a priority for all involved in the above process.

The University will not establish any formal apparatus to monitor or record the existence of close personal or financial relationships (identified in 6.3.4).

Staff who fail to declare a potential conflict of interest in accordance with this policy and continue to participate in processes exampled in 6.3.4 may face disciplinary measures as specified under the relevant academic and general staff agreements.

Staff or student processes, decisions or agreements found to be in conflict with this policy may be reviewed, amended or rendered null and void by the Registrar and Chair of the Academic Board, following consultation with the appropriate University committee/s.

Heads of Schools and supervisors should review relevant procedures and forms to ensure consistency with this policy and where necessary consult with the Registrar and Director Human Resources regarding any necessary amendments.

Refer to Human Resources Policy and Procedures concerning the Employment of Close Relatives.

The Finance Manual should be referred to concerning Conflicts of Interest in University Business Transactions. Written declarations of all relevant interest that a staff member may have in any proposed business transaction for the supply of goods or services, to or for the University, are to be made to the Executive Director in accordance with the Manual.

Issues relating to conflict of interest in relation to acceptance of directorships and partnerships of companies are dealt with in Professional and Consultative Work.

Any conflict of interest relating to research activity needs to be reported to the Pro Vice-Chancellor (Research) as set out in the Guidelines on Research Ethics and Research Conduct.

Ethical values, standards and conduct in postgraduate research supervision are set out in the Code of Good Practice for Postgraduate Student Research and Supervision.

December 1993

Amended by Senate 28th September 1999

(09 03 024 001)

Policy and procedures for resolving complaints of sexual harassment have been adopted by the University to:

• promote a work and study environment which is free from sexual harassment;
• provide an internal procedure for dealing with issues and complaints of sexual harassment which may arise;
• meet the requirements of State and Commonwealth legislation and the University's Equal Opportunity Management Plan.

The University of Western Australia is committed to maintaining an environment within the University that is free from sexual harassment.

• Sexual harassment is unacceptable behaviour. It conflicts with the University's Equal Opportunity Policy and denies respect for the rights of staff and students to fair treatment.
• Under the Western Australian Equal Opportunity Act (1984) and the Commonwealth Sex Discrimination Act (1984), sexual harassment in employment and education is unlawful.
• Sexual harassment is a serious issue which undermines morale and can adversely affect the ability of staff and students to achieve their full potential within the University.

The University is committed to taking action to deter sexual harassment, to increase awareness that such behaviour is unacceptable and to ensure that complaints are dealt with fairly and promptly.

Sexual harassment covers a range of behaviours which constitute a verbal, visual or physical affront of a sexual nature to a person. The distinguishing characteristics of sexual harassment are that it is conduct with a sexual component which is unwelcome, unsolicited and unreciprocated.

Sexual harassment includes, but is not limited to:

• unwelcome verbal comments of a sexual nature;
• unwanted and deliberate physical contact;
• gratuitous display of sexually explicit written or audio-visual materials;
• transmission or display of offensive email, screen savers or pornographic computer images;
• offensive gestures or actions of a sexual nature;
• persistent unwanted attention, following or stalking behaviour;
• subtle or explicit demands for, or offers of, sexual favours.

Some forms of sexual conduct which are considered innocuous by some people may be considered offensive by others. It may, however, be difficult for the offended person to convey her or his displeasure, especially if the person giving offence is in a position of authority.

In particular, the University has concerns where sexual harassment:

• implicitly or explicitly imposes a condition on student admission, grading or academic progress;
• implicitly or explicitly imposes a condition on staff recruitment, selection, appraisal or career progress;
• interferes with academic or work performance;
• creates an intimidating or offensive learning or working environment.

All staff and students have a responsibility to uphold the University's policy on sexual harassment. Supervisors have a particular responsibility to ensure their areas are free from sexual harassment. This includes:

• ensuring that staff and students are aware of appropriate and acceptable standards of behaviour;
• making known the University's policy, including the procedures for resolving complaints;
• taking early corrective action to deal with behaviour that may constitute sexual harassment;
• promoting awareness programs designed to prevent sexual harassment in the University.

The University has instituted a set of procedures which aim to ensure that:

• complaints of sexual harassment are considered seriously and sympathetically and are dealt with promptly and confidentially;
• the rights of both the complainant and the alleged harasser are respected.

Where possible and appropriate, complaints should be resolved at a local level with a minimum of formal processes.

A person who believes she or he has experienced sexual harassment should attempt to resolve the matter by stating an objection directly to the alleged harasser. If the person feels unable to do this, or if this approach does not result in the cessation of the behaviour, the person may choose to activate the University's internal procedure.

• There are three steps in the internal procedures: informal advice, mediation, and formal complaint.
• At any stage the complainant may take the matter to the WA Commissioner for Equal Opportunity, to a representative of their choice (excluding legal counsel), the police, or either party may seek legal remedy through the Courts.
• The complainant may withdraw the complaint at any stage.

The University will appoint and train Equity and Diversity Officers to provide information and support to people who believe they have been sexually harassed. The Officer provides a point of first contact to discuss the issue in confidence.

Equity and Diversity Officers will be appointed by the Vice-Chancellor from among:

• nominees of the Faculties, the Guild of Undergraduates and the Postgraduate Students Association;
• volunteers identified by the Vice-Chancellor after expressions of interest in serving have been invited.

Equity and Diversity Officers will include both men and women. Nominations will be considered by a panel comprised of the Chair of the Equal Opportunity Advisory Committee, the Equity and Diversity Manager, the Registrar, and the Director Human Resources. Appointments will be for two years with the possibility of re-appointment.

Equity and Diversity Officers will be informed in writing of their appointments, responsibilities and delegated authority to receive complaints of sexual harassment. The Manager, Equity and Diversity will co-ordinate the Equity and Diversity Officers.

It is the role of the Equity and Diversity Officer to provide information, advice and support to staff members and students who believe they have experienced sexual harassment.

The Equity and Diversity Officer will:

• assist the complainant in clarifying whether the offending behaviour constitutes sexual harassment;
• discuss ways in which the problem might be resolved by the complainant, without intervention by a third party;
• discuss the internal procedures for mediation and formal hearing of complaints and where necessary arrange access to a mediator;
• inform the complainant of their rights as well as the rights of the respondent;
• provide information about the option of making a complaint to the WA Commissioner for Equal Opportunity or a representative of their choice, which excludes representation by legal counsel;
• identify sources of referral and support where appropriate, including medical, police, counselling and other relevant support services;
• assist the complainant in clarifying their options for resolving the problem;
• listen with respect and empathy, and provide information and support to the complainant, whatever course is chosen.

If the complainant wishes, the Equity and Diversity Officer, complainant, or both may consult the Manager, Equity and Diversity to obtain information, advice or clarification of issues.

Discussions with an Equity and Diversity Officer will be confidential. No formal records, except minimal statistical information, will be kept. The identity of the alleged harasser need not be revealed at this stage.

If the matter can be resolved to the satisfaction of the complainant at this stage, it will be terminated. The Equity and Diversity Officer will arrange to follow the matter up with the complainant after a suitable period of time to determine whether it has been settled.

If the matter remains unresolved after discussion with an Equity and Diversity Officer, the complainant may, either through the Equity and Diversity Officer, the Manager, Equity and Diversity or directly, request intervention by a Mediator.

Senior members of University staff will be appointed by the Vice-Chancellor as Mediators. They will include senior members of both the Academic Staff and the General Staff. At least one of them will be a woman and at least one will be a man.

In some cases mediation may be undertaken by the Manager, Equity and Diversity in conjunction with the Head of School or Dean. Where a Head of School or Dean is the first point of contact by the complainant concerning the alleged harassment, the relevant head should contact the Manager, Equity and Diversity at an early stage for advice.

The role of the Mediator is to assist in the informal resolution of the complaint through discussion with the person against whom allegations have been made. In some cases simply informing a person that his or her behaviour is giving offence will be sufficient to resolve the problem.

After receiving full details of the complaint, the Mediator will:

• inform the alleged harasser about the nature of the complaint and invite a response;
• provide details of the University's policies and procedures concerning sexual harassment and equal opportunity;
• discuss the internal procedures for mediation and for formal hearing of complaints;
• inform the alleged harasser of their rights as well as the rights of the complainant;
• act with impartiality, considering the rights of all parties to the complaint;
• provide details of any University Statutes, Regulations and Industrial Agreements which may be relevant;
• explain the University's legal responsibilities and the rights of the complainant to approach the WA Commissioner for Equal Opportunity;
• attempt to achieve a satisfactory resolution to the complaint.

If a satisfactory resolution is not achieved, the Mediator may attempt to bring the two parties together. This will be done only if both are willing to participate. At this stage by mutual agreement of the parties, the Mediator may be changed. The Mediator will attempt to achieve a resolution satisfactory to both parties.

The purpose of mediation is to ensure that any offensive behaviour does not recur; that there will be no reprisals against the complainant; and that if the allegations are shown to be unfounded, they are withdrawn.

The review date will be set by the Mediator to follow up the outcome of the mediation process.

When the process of mediation is not agreed to by the parties, or if it fails to resolve the matter, the complainant may make a formal complaint in writing to the Vice-Chancellor, through the Manager Equity and Diversity, or directly.

Where the Vice-Chancellor is of the opinion that the formal complaint may be resolved through mediation and where mediation has not been considered, the complaint may be referred to mediation. If mediation is not agreed to by the parties or does not does not resolve the matter, the formal complaint will be dealt with as set out below.

On receiving a formal complaint, the Vice-Chancellor, after consultation with the Senior Deputy Vice-Chancellor, and other relevant managers, such as the Manager Equity and Diversity, the Director Human Resources and the Mediator, will either:

• refer the matter to a Review Panel in accordance with 6.4.8 of this policy; or
• determine that the matter is more appropriately dealt with in accordance with the relevant staff industrial agreements or University statutes concerning student misconduct.

Where a complaint is referred to the University’s disciplinary processes under Section 6.4.7(2) of this policy, any Misconduct Investigation Committee or student Board of Discipline convened should where possible include at least one member with a knowledge and understanding of sexual harassment issues.

The composition and proceedings of the Review Panel are as follows.

The Review Panel will be appointed by the Vice-Chancellor and will consist of three members – the Chair of the Equal Opportunity Advisory Committee or nominee, one person from the group of Equity and Diversity Officers and Mediators who has not already been involved, and a member of the Senate who is not a staff member or a student of the University. Where either one of the parties to the complaint is a student, the Panel will also include a nominee of the Guild of Undergraduates. The Panel will include at least one woman and at least one man.

The Senate member will chair the Panel. All enquiries will be conducted in camera and while parties shall not be represented by legal counsel, each may be assisted, or represented, by a representative of their choice, a friend or an associate.

The Review Panel will report to the Vice-Chancellor and provide recommendations for action, consistent with University Statutes and Regulations, and terms and conditions of employment.

At all stages the utmost care will be taken to ensure confidentiality.

Complainants and respondents will be advised at all stages of the internal procedure to maintain confidentiality and to discuss the complaint only with those who have an official responsibility for dealing with it.

Equity and Diversity Officers, Mediators and Review Panels will be required to preserve anonymity wherever possible and, as far as practicable, to seek advice from others without divulging the identity of the respondent or complainant.

As part of the mediation process, limited information (preferably non-identifying) may need to be given to a third party for the purpose of working out a resolution, for example a head of schoolor sub-dean. This may be done with the agreement of the complainant and respondent as part of the mediation process. Such limited information should only be provided on a strictly ‘need to know’ basis to those who have a genuine and official role in dealing with and resolving the matter. The person who is provided with such information is required to preserve confidentiality.

Information may also be disclosed where:

• there is an imminent physical threat of danger to a person; or
• the University has reporting obligations under State or Commonwealth legislation, such as the Freedom of Information Act or in relation to official corruption.

In circumstances where a complainant informs a staff member named in these procedures of a serious matter but requests that nothing be done about it, the University may need to act to protect staff and students. Preventative action may be taken in response to the problem while seeking to maintain confidentiality of the individual. This might include:

• providing training to staff and students on the issue
• reminding and reinforcing policy and procedures
• taking action under this policy, including disclosure of necessary details, where there is a threat of physical harm or danger to a person or where the University’s duty of care to staff or students may be compromised if no action is taken.

Equity and Diversity Officers and Mediators may seek advice from the Manager Equity and Diversity in regard to issues of confidentiality.

Records of proceedings of formal cases will be kept on confidential files established by Central Records for seven years and then disposed of in accordance with approved disposal schedules.

All staff involved in the informal or formal resolution of complaints of sexual harassment will ensure that they have no conflict of interest or bias in relation to any party to the complaint and that there is no perception by the parties that they have a conflict of interest or bias.

Staff who have concerns about perceptions of possible conflict of interest or partiality should exclude themselves from the process, refer on to another Equity and Diversity Officer or Mediator if appropriate, or seek advice from the Manager Equity and Diversity.

Complaints of victimisation will be treated seriously. Victimisation of complainants is unlawful. Victimisation includes any unfavourable treatment of a person who has been involved with a sexual harassment complaint. Unfavourable treatment could include adverse changes in the working environment, denial of training or promotion, making negative, unfounded or belittling comments, lower assessment of student work or exclusion by peers.

Complaints of victimisation related to a sexual harassment complaint will be dealt with in the same manner as complaints of sexual harassment and may result in disciplinary action.

If the complaint is found to be vexatious, action against the complainant may be taken under the University’s disciplinary procedures.

All Equity and Diversity Officers and Mediators will complete a training programme aimed at increasing their awareness of issues involved in sexual harassment, enhancing their skills in communication, conflict resolution and mediation, and informing them of such legal issues as defamation. The names, locations, telephone and email contact details of Equity and Diversity Officers and Mediators will be widely publicised.

Information on the University's policy and procedures concerning sexual harassment will be distributed to:

• new staff at induction and orientation;
• participants in relevant training courses;
• all Heads of School for circulation annually;
• the Guild of Undergraduates and Postgraduate Students' Association for insertion in relevant publications;
• Human Resources for inclusion in the Policies and Procedures and relevant publications;
• relevant University web pages.

The Equal Opportunity Advisory Committee will review this statement of policy and procedures on an annual basis, or as required.

Senate Resolution 269 – 18 December 2000

The Equal Opportunity Advisory Committee has produced these revised guidelines on The Use of Non-Discriminatory Language because it believes that the University's commitment to equal opportunity should be evident in all official University publications and communications. The Senate has affirmed support for the principle of non-discriminatory language. This is a brief guide for members of the University to the use of language that avoids expressions offensive to some groups in society and to assist in complying with equal opportunity legislation.

Titles of Address, Rank, Occupation, Status

Use a first name, a neutral title or nothing.

Where titles are appropriate, use parallel titles:

When listing names, use alphabetical order except where order by seniority is more important.

Patronising and Demeaning Expressions

Avoid terms or expressions that are patronising and demeaning and sex type generalisations.

Personal Pronouns

Use he, his, him, himself only when referring specifically to a male person.

The use of he and she, she and he, she/he, s/he to refer to either female or male persons can be cumbersome. The following are acceptable alternatives:

Rewrite the sentence in the plural.

Rewrite the sentence in the passive.

Rewrite avoiding his or her after each, someone, anyone, nobody.

However, a more acceptable form would be: Those who want their work evaluated...

It is not acceptable to present material with the disclaimer that all masculine nouns and pronouns are to be taken as referring to both females and males.

Sex Role Stereotyping

Avoid sexist assumptions and comments.

Gender Descriptions

Avoid irrelevant, gratuitous gender descriptions.

When referring to a position, a quality or an action that might apply to either sex, use a sex neutral term. Also, avoid the use of man or of composite words involving the syllable – man, which imply the term is exclusively male.

The use of gender-marked terms perpetuates and reinforces the outdated attitude that women are to be considered first as female and second as persons of skill and talent.

Word Order

Vary the order of listing pairs of nouns and pronouns when the customary way of presenting the pair reflects stereotyped views of status.

Language Use for Minority Groups

Avoid racist language. Terms describing nationality, or an ethnic or other minority groups are frequently controversial, but some terms are more acceptable than others. Terms acceptable to people involved, however, may vary over time, and the careful speaker or author must become sensitive to what groups described prefer. For example, the term 'Aboriginal people' is preferred.

When referring to someone with a disability, the general rule is 'put people first', eg. a person with a vision impairment. When referring to facilities and services terms like 'disability parking' can be used.

Avoid using irrelevant, gratuitous ethnic descriptions.

Demonstrate the relevance of teaching material to all students by depicting the experience and interests of both women and men. Relate examples and illustrations to a broad range of life experiences inclusive of gender and cultural diversity, not just a narrow range of experiences and interests.

Ensure promotion material – brochures, videos, prospectuses, etc. – feature both women and men and where appropriate reflect the cultural diversity of the University and the broader community.

Avoid the use of cartoons and illustrations that present stereotyped views of women and men.

Students should use this Guide in the preparation of assignments to ensure they are free from bias.

Further information on Non-Discriminatory Language can be obtained by contacting the Equity and Diversity Office on telephone 6488 3791/2252 or email bhill@admin.uwa.edu.au.

The University of Western Australia is committed to ensuring an appropriate gender balance on its committees. This commitment arises from a range of resolutions passed over recent years.

Academic Board Resolution 28/90

• to request Academic Board committees to make recommendations to the Board on strategies for increasing the proportion of women in their membership at least to a level which reflects the percentage of women in the relevant section of the University staff;
• to transmit to the Senate the papers which were before the Board dealing with the participation of women on the University committees and to draw the Senate's and Heads of Divisions' attention to the action proposed in (i) above, with the recommendation that they take similar action with respect to their own committees.

Senate Resolution 19/91

• that with respect to its own committees, the Senate develop strategies for ensuring that the proportion of Senate staff in their membership is increased, at least to a level which reflects the percentage of women in the relevant section of the University staff.

22 April 1991 Senate meeting addition (Resolution 19)

• ...and that Heads of Division be asked to do the same in respect of their own Divisional committees.

Academic Council Resolution 215/92

• that in future elections for Board representatives to University committees the electorate's attention be particularly drawn to the University's policies on the representation of women on University Boards and Committees;
• that the Nominating Committee be particularly instructed to consider gender balance on University Boards and Committees when undertaking its work in future years.

In improving the existing gender balance on committees, faculties and schools may wish to consider the following methods (among others):

• Membership of committees to be open to limited term and fractional full-time staff.
• In requests for nomination to committees and other advisory and decision-making bodies, there should be a statement such as, "nominating bodies are asked to note the University's interest in increasing the proportion of women in its decision-making bodies. You are accordingly requested to consider nominating women as well as men".
• Information should be available on the University committee structure, describing the aims, responsibilities and composition of each committee, the qualifications and experience required for membership, and including a statement encouraging expressions of interest from women.
• Co-option of women members – if a committee does not include any women, it should be required to co-opt at least one woman member.
• Broadening levels of appointment – women's participation on committees has in the past mainly been drawn only from a small pool of women at the senior level. Research indicators show that this is going to change slowly rather than quickly. To include more women will require a loosening of this 'seniority requirement'. All levels of academic and general staff can make a significant contribution to the University.
• Committees should review their membership criteria and consider whether in all cases ex-officio members are warranted, or whether membership could be broadened, thus making it more accessible to women. An alternative would be to include the provision for 'or nominee' more frequently, thus opening the way for ex-officio members to nominate women to represent them on committees.

Training for women on effective participation in committees, and observer status for women staff in committee meetings.

The issue of the Equal Opportunity and Affirmative Action Statement to all new committee members, emphasizing the importance of Equal Opportunity and Affirmative Action in their committee work.

Committee meetings to be held at times which will not disadvantage people with family responsibilities.

It is suggested that the policies of faculties and schools be re-assessed annually, and the strategies amended as appropriate.

Recruitment

"The University will provide equitable recruitment and selection procedures to ensure that people with disabilities compete on a fair basis with other applicants." UWA Disabilities Policy (1997)

All staff have a responsibility to ensure that people with disabilities have equitable access to employment. Chairs of selection panels have particular responsibilities, these include:

• All job descriptions should be examined to remove any requirements which are not essential or desirable to job performance.
• Members of selection panels should receive training and/or information on awareness of relevant disability issues relating to job selection and application processes
• Application and selection procedures are to accommodate special needs relating to an applicant’s disabilities.
• Where required, information about the range of facilities available to assist people with disabilities in the workplace can be sought from the UWA Disabilities Officers.

To support the University’s commitment to equity in employment, a Workforce Diversity Plan has been developed. The Plan seeks to contribute to the attainment of excellence through encouraging workforce diversity. It contains a range of strategies and options which aim to increase the participation of people with disabilities in employment.

Schools wishing to accept these employment options should contact the UWA Diversity Officers.

The UWA Disability Action Plan also provides a range of objectives and strategies aimed at enhancing equity and access for staff and students with disabilities in all areas of University life.

‘Where modifications to the workplace are required, support will be provided wherever possible to enable staff members with a disability to carry out their duties’. UWA Disability Policy (1997).

The purpose of the following procedures is to provide a framework to address issues associated with employment of current or prospective UWA staff who have non-work related disability, injury or illness that may impact on their ability to perform the full range of duties associated with their job.

The aim is for an equitable, prompt response, which fully draws on the expertise available both within and outside the University to assist the member of staff and the work area. Generally, the relevant supervisor should first be made aware of the situation, so that appropriate steps are taken to assist the employee.

An employee or supervisor may contact the Manager, Equity and Diversity or an Equity and Diversity Adviser, to advise of a situation where assistance is required. The Manager, Equity and Diversity or Equity and Diversity Adviser will arrange a meeting with the employee and/or supervisor concerned, to identify issues and discuss options.

In consultation with the employee, the most suitable approach to providing support and assistance will be discussed. This may involve seeking further information and liaising with specialist staff and agencies as required, including:

• Specialist disability organisations
• UWA Disabilities Officers
• UWA Occupational Therapist
• UWA Human Resources Officers, eg Senior Employee Relations Officers, Superannuation Officer etc
• Treating GP/Specialist, (only with written permission and where essential for dealing with the matter)

Comprehensive information will be sought so that all reasonable steps can be taken to make changes in the workplace to enhance the employee’s capacity to do the job. Changes may involve re-design of job duties, modifying working time arrangements and work organisation in consultation with the supervisor and other employees in the area.

The priority will be to maintain the employee in their current position and work area where possible. An on-site work assessment by an Occupational Therapist may be undertaken to clearly define any areas of difficulty and identify recommendations to assist in maintaining the employee at work, including provision of equipment and any workplace modifications. Work options may include:

• Normal duties on a full or part time basis.
• Modified duties (full or part time).
• Modified work processes (eg alternative ways of accomplishing tasks or objectives; or exchanging some duties between a person with a disability and other staff).
• Duties assisting others.
• Different duties in the same or different area.

Consultation with Classifications is required in circumstances where significant changes are made to the duties to be undertaken, as this may effect the employee’s contract of employment.

If an employee is unable to perform the inherent requirements of their position, and wish to pursue an alternative position within the University, assistance may be provided.

The Human Resource Adviser, HR Services can provide information on all internal and external vacancies within the University. In liaison with the Occupational Therapist, suitable vacancies may be identified.

Where a suitable position arises, a work trial period may be negotiated with the relevant work area, prior to advertisement. Any training or workplace modifications required will also be considered for placements.

If the worktrial is deemed to be successful, negotiations may occur for the transfer of the employee to the new position.

At any stage of the process, if the employee is a UniSuper Defined Benefit Plan/Investment Choice Plan member and wishes to cease work completely due to incapacity, an application for the UniSuper Defined Benefit Plan/Investment Choice Plan Temporary Incapacity Benefits may be made via the Superannuation Officer. (Note that a qualifying period applies before benefits may commence).

Cessation of employment can only be considered in circumstances where it can be clearly demonstrated that all avenues have been exhausted and the person is unable to perform the inherent requirements of the job. In any such circumstances the involvement of the Director, Human Resources and the Manager Equity and Diversity is required. It should be noted that it is unlawful to discriminate in employment on the ground of a person’s disability.

‘The University is supportive of people with disabilities seeking opportunities for career development and promotion within the University structure’. UWA Disability Policy (1997).

Enquiries about support for career development and promotion should be directed to the Centre for Staff Development or UWA Equity and Diversity Manager for further information.

Wherever possible, external sources of funding for specialist equipment and workplace modifications will be explored.

The School/Faculty is responsible for basic equipment and training provision afforded to any staff member, eg suitable work space, desk, chair and computer induction programs etc. In addition, wherever possible, funding available by the relevant Faculty/School for any workplace modifications and support will also be explored.

Generally, the school where the employee is employed is responsible for funding the salary of the staff member, including any work trial placements in other schools. This however will be negotiated in each case depending on the circumstances. If the employee successfully obtains a paid position in another school, this obligation then ceases.

Under the UWA General Staff Agreement, Employees Eligible for Supported Salary may be applicable to employees who have been assessed on their productive capacity and are paid the applicable percentage of the minimum rate of pay.

Where external and School/Faculty sources of funding are not secured, application may be made through the Director, Human Resources to the Senior Deputy Vice-Chancellor seeking funding support. Such proposals may include funding for specific equipment, salary assistance, training or services required by the staff member in order to carry out their work effectively. This funding is limited and each case will be assessed individually.

The process is confidential and all records relating to the staff member will only be made available to authorised persons.

Any complaints of discrimination and harassment are dealt with under the University’s Policy and Procedures for Dealing with Equity Enquiries and Grievances. Initial enquiries about disability discrimination or harassment should be made to one of the UWA Equity and Diversity Advisers. All approaches to an Equity and Diversity Adviser will be treated in confidence.

The University’s Employee Assistance Program is available to all employees for counselling support and advice.

All queries should be directed to the Equity and Diversity Office on 6488 3873 or 6488 2252.

Endorsed by: UWA Disability Committee

Equal Opportunity Advisory Committee: 16 November 2000

Senate Resolution 270 – 18 December 2000

Racial Harassment is any verbal, physical or written act which is based on a person's race, ethnic background, nationality, language or cultural background, and is unwanted, unacceptable and offensive to the person.

Examples of racial harassment include:

• Physical: Intimidating gestures, physical violence or assault because of a person's race or ethnicity, or threats of the above.
• Verbal: Derogatory remarks about a person's skin colour or appearance; unwelcome remarks about a person's culture observances; racist jokes and 'needling'.
• Non-Verbal: Racist graffitis; defacing notices or posters; negative stereotyping of particular ethnic groups; written threats of a racial nature.

The Western Australian Equal Opportunity Act makes racial harassment in employment and education unlawful and provides for the Commissioner for Equal Opportunity to resolve complains through conciliation. It is also unlawful to racially harass a person because of the race, ethnic background, language or culture background of a relative of that person.

The University of Western Australia is committed to maintaining a work and study environment which is free from racial harassment. Racial Harassment conflicts with the University's Equal Opportunity Policy and with the rights of staff and students to receive fair treatment.

The University has adopted the following Equal Opportunity Policy Statement:

All members of the University community, both staff and students are responsible for maintaining non-discriminatory and tolerant behaviour, so that the campus provides a welcoming atmosphere for all members and visitors.

Everyone can contribute to eradicating racial harassment. Depending on the circumstances you can:

• Speak up. Make it clear that you find such behaviour unacceptable.
• Offer support to people who are being harassed.
• Promote mutual respect between individuals, whether members of staff or students.
• Encourage work and study environment in which cultural diversity is valued.
• Openly support the University's policies on racial harassment and equal opportunity.
• If you are a supervisor, circulate information to staff and encourage attendance at cross-cultural training programmes.

A variety of resources and programmes of support are available within the University.

Cross Cultural Awareness Training. The Centre for Staff Development provides training courses on Cross Cultural Awareness. If you wish to participate, contact 380 1504.

English Language Support. The Centre for English as a Second Language offers courses and language support programmes for non-English speaking background staff and students. Contact 380 3539.

Overseas Student Services. The International Centre provides services and advice for overseas students who are studying at the University. The International Student Advisory can be contacted on 380 2428.

The Centre for Aboriginal Programmes. The Centre offers a wide range of programmes, facilities and services to assist Aboriginal and Torres Strait Island students. Contact 380 3428.

The University has established procedures to assist any staff member or student who may have experienced racial harassment. No action will be taken unless requested by the complainant and at all stages confidentiality will be preserved.

Any one concerned about racial harassment should approach an Equity and Diversity Adviser, located within each faculty, central administration and the Guild. Equity and Diversity Advisers will provide assistance and support as well as information on the University's policy, relevant legislation and options available to deal with the problem.

Further information is also available by contacting the Equal Opportunity Commission, your Union, the Guild of Undergraduates and the Postgraduate Students Association.

The University is committed to promoting a culture which is supportive of the needs and career aspirations of staff and students with family responsibilities. Family responsibilities are not confined to the private sphere, but impinge on all aspects of an individuals life, including employment and education. As an equal opportunity employer the University has an interest in supporting its members to balance the various demands they face as staff and students, and as people with family responsibilities.

The W.A. Equal Opportunity Act 1984 makes it unlawful to discriminate against a person on the grounds of family responsibilities or family status. This applies to the areas of employment and education and covers both direct and indirect discrimination. The University is committed to promoting equity for all staff and students and to ensuring that individuals are not disadvantaged in their academic and career aspirations by family responsibilities.

This policy is part of the University's commitment to equity, as reflected in its Equal Opportunity and Affirmative Action Policy. Other complementary policies and practices currently include provision of workplace childcare, vacation and after school care, paid maternity leave, parental leave, use of leave to care for unwell dependants, and part time and fractional appointments.

Further information regarding childcare services can be obtained by contacting the Childcare Officer.

Requests to bring children to the workplace should be directed in the case of staff, to their head of School, and in the case of students, to the staff member most immediately affected. Staff may wish to consult with their Head of School when considering requests. Requests by staff and students to bring children to the workplace, classroom, lecture theatre or to a field trip or other University activity should be given careful consideration. Requests shall be treated with flexibility and sensitivity, and no reasonable request refused.

Factors when considering permission to bring children on campus may include the age of the child, the length of time involved, the frequency of attendance, the environment, health and safety issues, and the degree of possible interference with other staff and students. Children with infectious diseases must not be brought onto campus.

Provision for sick children should normally be made within the context of various forms of leave available to staff and which include: leave relating to absence on account of illness, injury or caring, annual leave, short leave, unpaid leave etc.

Permission may be withdrawn should any children be disruptive to the workplace, or to other students in the classroom or study area.

Requests should be made (preferably in advance) to the relevant Head of School, supervisor, lecturer or tutor, except in the case of a short visit. The principle of "reasonableness" will apply to both those requesting and those granting permission.

Parents should be sensitive to the needs of colleagues and students and should not expect others to care for their children. When bringing children into the University the needs of other staff and students to work and study should be respected.

Parents must be aware that the ultimate responsibility for the safety of their children rests with them. In addition there are some areas which are intrinsically hazardous and to which children cannot be admitted. Theses areas may include workshops and laboratories, areas where chemicals are stored, and plant rooms.

Children will be permitted to accompany their parents to the Library, student Guild, or other non teaching areas open to the public, that are not hazardous. Parents must ensure that other users of these facilities are not unreasonably inconvenienced by the child(ren)'s presence.

Children brought into the University must be under the direct supervision of an accompanying parent at all times. Responsibility for all aspects of the child's behaviour rests solely with the parent, as does responsibility for the safety of the children.

As this policy forms part of the University's policy on Equal Opportunity, any grievances should be dealt with in the manner outlined in the Policy and Procedures for dealing with Equity Enquiries and Grievances.