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(1) Western Sydney University is committed to ensuring a safe and healthy working and learning environment that is free from sexual harassment as required under the Commonwealth Sex Discrimination Act 1984 (Cth), the Fair Work Act 2009 and the NSW Anti-Discrimination Act 1977. (2) Sexual harassment will not be tolerated under any circumstances and action will be taken against any person who breaches this policy. (3) All members of the university community have a responsibility to maintain a working and learning environment free from sexual harassment and the policy applies to all members of the University community including staff, students, contractors, visitors or individuals: (4) The policy also applies to any form of contact or communication that is relevant to University business activities, whether initiated in person, by telephone, fax, or through new technologies such as mobile phone cameras, social networking websites, emails, SMS/MMS communications, through another person, agent or any other means. (5) For the purpose of this policy: (6) Western Sydney University aims to: (7) Examples of sexual harassment that in an educational institution include but are not limited to: (8) Consensual sexual behaviour at work (such as discussing sex or kissing) might be sexual harassment if it offends someone else who sees or hears that behaviour. (9) Sexual harassment is not behaviour which is based on mutual attraction, friendship or respect. If the interaction is consensual, welcome and reciprocated it is not sexual harassment. Behaviour can become sexual harassment if the interaction changes from being based on mutual attraction, friendship or respect to non-consensual, unwelcomed and unreciprocated interactions. (10) Sexual harassment that is also an offence under criminal law may be referred to the police this includes matters involving: (11) Referral of a case to the police does not preclude the University from dealing with the matter through internal complaints procedures. (12) Managers and supervisors have a duty to prevent sexual harassment in the work and learning environment and may be held responsible for sexual harassment in the workplace unless all responsible steps have been taken to prevent or eliminate the harassment. (13) It is the role of managers and supervisors to identify prevent and redress potential problems. Therefore any manager or supervisor who observes inappropriate behaviours of a sexual nature has a duty to raise it with the person exhibiting the inappropriate behaviour and to take further action if the behaviour does not cease. This duty exists even in the absence of a complaint. (14) Managers and supervisors have a responsibility to: (15) All Staff and Students have a responsibility to: (16) If a staff member or student witnesses a person being sexually harassed they can help by offering support to the person being harassed. This can be done by: (17) If you think you have been, or are being, sexually harassed there are a number of things that you can do: (18) If you wish to make a complaint, the University's procedures for dealing with complaints, including complaints of sexual harassment are set out in the Complaint Management Policy. (19) All complaints of sexual harassment will be treated seriously, investigated promptly, impartially and confidentially. (20) If sexual harassment is found to have occurred, action will be taken to stop the behaviour and appropriate disciplinary action will be taken against the offender(s) under the relevant provisions related to student or staff misconduct. (21) You can make a complaint about sexual harassment to: (22) The University's Sexual Harassment Prevention web page.Sexual Harassment Prevention Policy
Section 1 - Purpose and Context
Section 2 - Definitions
Top of PageSection 3 - Policy Statement
Part A - Examples of Sexual Harassment
Part B - What Sexual Harassment is Not
Part C - When Sexual Harassment is a Criminal Offence
Section 4 - Procedures
Part D - Responsibilities of Managers and Supervisors
Part E - Responsibilities of Staff and Students
Part F - What Can You Do If You Are Being Sexually Harassed?
Make a Complaint Using the University's Complaint's Resolution Procedure
External Complaints
Top of PageSection 5 - Guidelines