Faculties and Central Administration should work in accordance with this policy and its procedures in dealing with enquires and complaints from staff and students about discrimination and harassment.
The policy and guidelines do not apply to sexual harassment complaints, which should be made under the University's Sexual Harassment Policy and Procedures.
The University of Western Australia is committed to maintaining an environment within the University that is free from discrimination and harassment. Refer to UWA’s Equal Opportunity and Affirmative Action policy.
Discrimination and harassment are unacceptable behaviour. They conflict with the University's Equal Opportunity and Affirmative Action policy and deny the rights of staff and students to fair treatment. Discrimination and harassment are serious issues which undermine morale and can adversely affect the ability of staff and students to achieve their full potential within the University.
Policy and procedures for resolving complaints of discrimination and harassment have been adopted by the University to:
'Equal opportunity' in employment means ensuring people are treated on a fair and equitable basis in the workplace, on the basis of their skills and abilities, whatever their differences in other respects.
'Discrimination' is where a person is treated less favourably because of their sex, age, marital status, pregnancy, race, ethnic origin, sexual orientation, gender identity, political or religious conviction, impairment, family responsibility or family status. Discrimination may be direct, indirect or systemic.
'Harassment' for the purposes of these procedures is defined as any unwelcome, offensive, belittling or abusive comment or action regarding a persons' sex, age, marital status, pregnancy, race, ethnic origin, sexual orientation, gender identity, political or religious conviction, impairment, family responsibility or family status. It is behaviour towards another person which is unwanted and which adversely affects the work or study environment. Sexual and Racial harassment are defined in more detail in the appropriate UWA policies and guidelines.
'Victimisation' includes any unfavourable treatment of a person who has been involved with a discrimination or harassment enquiry or complaint. Unfavourable treatment could include adverse changes in the working environment, denial of training, denial of promotion, and exclusion by peers.
'Respondent' means the person or School against whom a complaint of harassment or discrimination has been made.
While it is not possible to document all instances in which discrimination and harassment in the work and study area may occur, listed below are examples of situations to be avoided.
The aims of these procedures for dealing with equity and diversity complaints are to:
Any person who feels that they have been discriminated against or harassed may:
Initial enquiries about equity matters of concern, including possible cases of discrimination or harassment, should be made to one of the Equity and Diversity Advisers. An Adviser who feels unable or unwilling to deal with a particular enquiry should refer the complainant to the Manager, Equity and Diversity.
The role of the Adviser is to:
All approaches to an Adviser will be treated in confidence and Advisers will not discuss a case with a third person without the knowledge and consent of the complainant or inquirer, other than in accordance with these procedures. It is important to note that documentation may be accessed under the Freedom of Information Act.
The aim of this option is for a resolution of the complaint to be achieved in a just, prompt and confidential manner. Staff in supervisory roles have a responsibility to deal with discrimination and harassment as part of their role in maintaining a productive environment in which to work or study, and through promoting proper standards of conduct.
They have a responsibility to:
If the complainant does not wish to resolve the situation directly with the respondent, the matter can be taken to the respondent's supervisor. For the purpose of this process the supervisor shall be the person nearest to the respondent in terms of line responsibility.
|Student||Head of School which conducts the course in which the respondent is enrolled|
|General staff member||Head of School|
|Academic Staff Member||Head of School/Dean|
Where the Respondent is the Head of School the matter can be taken to the Supervisor of the Head of School. This referral to the supervisor should occur only after initial discussion of available options with the Equity and Diversity Adviser or the Equity and Diversity Office.
Care should be taken by the supervisor not to pre-judge either party or to dismiss a matter as trivial. The supervisor may utilise a range of strategies in resolving the complaint whilst ensuring that principles of procedural fairness are observed, such as:
At any Stage of this process, the supervisor may seek advice and assistance from the Equity and Diversity Office with respect to the procedures and proposed strategies. The complainant, respondent or supervisor may request an Equity and Diversity Adviser to attend any meetings to provide advice and ensure fair process is followed. The Adviser's role does not extend to acting as an advocate for either the complainant or respondent. The supervisor or Adviser may request the assistance of the Manager, Equity and Diversity. If there is a legitimate complaint, and the matter is resolved, the supervisor will follow up with the complainant to ensure that there have been no further incidents.
If the respondent to the complaint is the immediate supervisor or manager, Stage 2 would be omitted. In this case, or if the complaint has not been resolved, the complainant or respondent may refer the complaint to a senior University manager, as set out below.
Where mediation and resolution of the complaint has been unsuccessful in Stages one and two, the complainant will be referred to the Dean, the Registrar or Director, Human Resources. Referral may be made by the complainant or respondent or their representatives (such as a Supervisor) only after following Stage 1 and/or Stage 2. The Dean, the Registrar or Director, Human Resources will investigate complaints in accordance with the procedures outlined in Stage two.
If the complaint is found to be substantiated, the Dean, the Registrar or Director, Human Resources will undertake appropriate action or refer the matter to the Vice-Chancellor. If a satisfactory resolution is not achieved the matter is referred to the Vice-Chancellor.
When the previous Stages have failed, a formal complaint or formal referral is made to the Vice-Chancellor, who will constitute a Review Panel comprising the Chair of the Equity and Diversity Advisory Committee, a nominee of the Vice-Chancellor and the Manager, Equity and Diversity. The Review Panel will include at least one man and one woman.
The Panel will report its findings and recommendations to the Vice-Chancellor who will determine appropriate action. The Vice-Chancellor's determination will be final.
Any complaint of victimisation will be treated in the same manner as a complaint of discrimination or harassment
If the complaint is found to be vexatious, disciplinary procedures (Statute 17/Policy and Procedures Manual) may be taken against the complainant.
These procedures will be monitored and then reviewed after two years by the Equity and Diversity Advisory Committee.
|Complaint may be withdrawn at any stage||Stage 1 |
Initial contact advice and assistance from an Equity and Diversity Adviser
|Matter may be resolved by complainant taking action|
|Complaint may be taken externally at any stage||Discussion/Mediation-matter resolved |
no further action
|Stage 2 |
Complaint investigated and mediated by supervisor or manager
|Matter resolved no further action|
|Stage 3 |
Complaint investigated and mediated by Dean, Director HR, Registrar
|Matter resolved no further action|
|Stage 4 |
Formal complaint, inquiry panel established by Vice-Chancellor
|Recommendation to Vice-Chancellor for complaint resolution|
Note: It is anticipated that the majority of complaints will resolved in Stages 1 or 2.
Stage 2 is not appropriate where complaint is against supervisor/manager.