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(1) This document articulates Western Sydney University's commitment to a working and learning environment in which mutual respect, dignity and inclusion prevail. (3) The University has statutory obligations to ensure a safe and healthy environment that is free from unlawful discrimination, harassment, vilification, and bullying. The University's approach to these unlawful behaviours is elaborated in more detail in the specific policy documents dealing with harassment, discrimination, vilification and bullying. (4) This policy provides a basis from which to continuously build a positive community environment that is diverse and inclusive and which promotes educational, academic and cultural values. (5) The University recognises that a just, safe and supportive university environment is essential to its capacity to realise it's guiding values of: (6) This policy stands in support of, but does not exclude or replace the rights and obligations of staff, students and visitors to the University under the law. The expected behaviours and ways of engaging outlined in this policy apply to all of the University's activities whether within Australia or off-shore, subject to the operation of relevant legislation in Australia and overseas. (7) The policy applies to all people whenever they are: (8) The policy applies to any form of contact or communication relevant to University business or activities that is initiated in person, by telephone, mobile phone, fax, e-mail, through another person, agent or by any other means. (9) For the purposes of this policy: (10) The University is committed to providing and maintaining a harmonious and productive environment: (11) The University is committed to demonstrating the highest standards of personal and professional conduct. In keeping with this commitment the University expects all individuals and groups within the University community to behave according to all relevant policies, procedures and agreements. (12) The University promotes an organisational culture which values respectful treatment of others. The University values equity and diversity and a safe and supportive working and learning environment. To this end the University supports and promotes a range of policy measures to prevent discriminatory treatment and make flexible and inclusive provisions for staff and students, which take account of the needs and interests of the diverse University community. These can be accessed on the University's Policy DDS. (13) The University is committed to the principle of intellectual and academic freedom as essential to excellence in teaching, research and scholarship. The University supports and values the presence of informed and robust debate in an academic community which promotes the representation of diverse views. It is critical that alternative points of view can be voiced with integrity and respect for others, and without fear of negative repercussions. All forms of communication should be undertaken having regard to their impact on others, and without intention to belittle, intimidate or cause harm. (14) Some adverse behaviour may be unlawful. Adverse behaviour which is unlawful includes discriminatory, harassing, vilifying or bullying behaviour where it is perpetrated on the grounds of a characteristic (eg race, sex, disability) as defined in legislation. Unlawful adverse behaviour also includes behaviour such as assault or sexual assault, which are criminal behaviours under the Crimes Act. (15) Even behaviour which is lawful but adverse in its impact on another person detracts from the University's goal of providing a safe, inclusive and productive environment. An action does not have to be unlawful, such as discrimination, harassment or vilification, to constitute a breach of this policy. (16) Examples of the kinds of behaviour which might be lawful but nonetheless might constitute adverse behaviour includes: sending a demeaning or intentionally hurtful email; undermining someone's personal credibility in public; deliberately excluding staff from relevant meetings; excluding someone by deliberately refusing to speak to them; taking credit for the work of others or using threatening, abusive or intimidating language. These examples are not exhaustive and are intended for guidance only. A pattern of repeated examples of these types of behaviours may also constitute bullying and be dealt with by reference to that specific policy. (17) The University considers that adverse behaviours seriously impede the effective and efficient fulfilment of learning and teaching objectives. They have a negative impact on the physical and mental health of the University's staff and students. They also distract attention and valuable resources from the University's capacity to achieve its objectives. (18) The University expects members of its community to take reasonable steps to prevent adverse behaviour from occurring, to take action to redress issues where such behaviour occurs and to protect others from victimisation. With this in mind the University encourages individuals and/or groups to deal with any complaints related to adverse behaviour in a timely and confidential manner, in accordance with the University's Complaint Handling and Resolution Policy. (19) The University recognises that behaviour often needs to be characterised in the context of a particular set of circumstances, and the context of behaviour is relevant to the process of resolving complaints at all levels. (20) This policy in no way undermines a supervisor or staff member's ability to make and provide assessments or guidance of the work or performance of other staff or students. The University recognises and supports the need for two-way feedback between staff and students who are in a supervisory or teaching relationship. At times, this feedback may involve identifying shortcomings in their work or behaviour. Constructive feedback, which is based upon the expected level of performance, is a legitimate obligation of supervision or academic assessment, provided that appropriate management or teaching protocols have been followed and assessment is communicated in an objective and professional manner. (21) The University provides a range of specialist units to assist members of the University community to engage with each other in inclusive and positive ways. This might include strategies for encouraging and managing diversity and equity in relationships, processes or programs. Assistance is available in actively improving cultural climates. They include: (22) The intent of this policy will be upheld if all at the University exercise their rights and responsibilities to act with equity and respect, demonstrating: (23) University policies specific to a range of equity and diversity issues provide detailed assistance in developing proactive strategies to encourage working and learning environments which are respectful and inclusive. (24) Before action is taken, various sources of advice and consultation are available to help in determining both the nature and seriousness of any behaviour that is perceived to be adverse. Advice may be needed about the actions available to staff and students to resolve the issues of concern. A number of specialist units are available to assist all members of the University community, whether in Australia or offshore, to respond constructively and appropriately in instances where adverse behaviour is perceived to have occurred. They are particularly helpful where there is any uncertainty as to the appropriateness or character of the intended behaviour. They include: (25) Where people concerned about adverse behaviour feel any uncertainty about how to respond appropriately, these sources of advice should be consulted before any action is taken. This is important, since the University and other external agencies such as anti-discrimination tribunals do not consider ignorance a reasonable defence against allegations of adverse behaviour. (26) There are a number of options available for dealing with adverse behaviour. Staff or students who feel that they are the subject of adverse behaviour, or who witness adverse behaviour by others, might: (27) The Complaint Management Policy explains how the University deals with all types of complaints from staff, students and the public. It covers complaints about unfair and/or disrespectful actions or decisions, as well as complaints about bullying, discrimination harassment, vilification and victimisation. It provides the processes that are available for the resolution of complaints where no other processes exist, or where other processes, including appeals, have been exhausted. (28) Members of the University community who believe the University's procedures have not produced a satisfactory resolution retain the right to lodge a complaint with an external agency, eg the Anti-Discrimination Board or the Australian Human Rights Commission. (29) Where criminal behaviour such as sexual violence, physical assault, threats of violence, obscene communications or stalking has occurred or is alleged, the complaint should immediately be taken to the police. (30) In the case of dangerous acts and threats of violence, (e.g. threat to health and safety), seek immediate assistance from Campus Security Services. (31) Consult the After Hours Access and Safety Policy for guidance in safe practices on campus. (32) In cases where concerns about adverse behaviour arise between members of staff, independent mediation may be sought through the Office of People. (33) The sanctions available to the University under it s misconduct policies and relevant industrial instruments are outlined in those relevant policies and industrial instruments, which are available on the University's Policy DDS (eg student misconduct, staff misconduct). (34) It is important to remember that certain types of adverse behaviour are also unlawful and people participating in these acts may find themselves subject to legal proceedings. (35) You will find a list of the relevant State and Federal laws on the Associated Information page for this policy. These are linked to a website where you can access the actual legislation. Information is also available on the Anti-Discrimination Board and Australian Human Rights Commission websites. Links are provided on the Associated Information page. (36) Developing and maintaining a working and learning environment in which mutual respect, dignity and inclusion prevail is the responsibility of every member of the University community. (37) All members of the University community can contribute to a respectful and inclusive climate by: (38) Adverse behaviour very often happens when people fail to consider the other person's position, responsibilities, work, efforts, knowledge, skills or particularly their feelings in a given situation. Taking the time to consider the perspectives of others and the context of the situation before acting will assist in avoiding adverse behaviour and create a respectful and inclusive approach. Considered approaches are also likely to be more effective ways of interacting. (39) In many cases of harassment, discrimination, bullying or other one-off incidents of incivility or adverse behaviour, the person often 'didn't mean to offend'. It is sometimes difficult to know how one's behaviour affects others. If in doubt, pause for consideration before speaking or acting. Reflection after an event where behaviour or intent may have been misunderstood, can often assist in rectifying the situation. If in doubt, seek advice and consult the documents and specialist staff associated with this policy. (40) The Associated Information page contains a listing of the key documents, policies and legislation that regulate the University's operations. The University is also subject to the general 'laws of the land' and a range of Acts dealing with registration for particular professions. (41) The listing includes links to the key policies that relate to the issues covered in this Code of Conduct. The list is current at the time of publication but is subject to change. Existing policies are amended and new policies are added regularly. Reference should always be made to the Policy DDS in order to access the most recent policy information. (42) The listing of State and Federal legislation under Associated Information refers to the most frequently cited legislation in the University context, but should not be taken as a comprehensive listing of all relevant statutes. State and Commonwealth legislation can be readily accessed via a number of Australian web sites including those of the Australasian Legal Information Institute (AustLII) and the NSW Parliamentary Counsel's Office. All references under Associated Information are linked.Respect and Inclusion in Learning and Working Policy
Section 1 - Purpose and Context
Section 2 - Definitions
Top of PageSection 3 - Policy Statement
Intellectual Freedom
Unlawful Behaviour
Lawful but Adverse Behaviour
Providing feedback and Assessment
Section 4 - Procedures
Seek Advice
Support respect and inclusion
Responding to Adverse Behaviour
Making a Complaint to an External Agency
Criminal Behaviour
Potential Outcomes of Adverse Behaviour
Section 5 - Guidelines
Supporting a Climate of Mutual Respect
Avoiding Adverse Behaviour
Associated Information