• Section 1 - Purpose and Context
• Section 2 - Definitions
• Section 3 - Policy Statement
• Section 4 - Procedures
• Procedures For Dealing With Bullying By UWS Students
• Preliminary Actions by Aggrieved Person
• Direct Informal Action by Aggrieved Person
• Report Bullying and Seek Advice
• Student Non-Academic Misconduct Policy
• Procedures For Dealing With Bullying By UWS Employees
• Preliminary Action by Aggrieved Person
• Direct Informal Action by Aggrieved Person
• Report Bullying and Seek Advice
• Characterising the Behaviour by Head of Unit
• Immediate Action by Head of Unit
• Formal Procedures
• Investigation by Human Resources Director

Section 1 - Purpose and Context

(1) The University of Western Sydney is committed to ensuring a safe and healthy working and learning environment that is free from bullying, as required under the New South Wales Occupational Health and Safety Act 2000 and associated regulations, standards and codes of practice. Under common law, the University also has a duty of care to provide a learning environment for students that is free from bullying.

(2) This commitment recognises that each University member has a responsibility to co-operate in the creation of a University environment in which mutual respect and inclusion prevail, as well as the promotion of the health, safety and welfare of employees and students.

(3) The policy applies to all members of the UWS community:

1. in attendance at a UWS campus or facility, be it owned or leased;
2. using University equipment, be it owned or leased (e.g. communications technologies, vehicles, facilities);
3. in attendance at a University event, function or activity;
4. participating in any activity as a representative or student of the University (e.g. field trips inter-University events, conferences, practicum, clinical placements, etc).

(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 e-mail, through another person, agent or any other means.

(5) Matters that arise away from the University and that have no association with the University would not normally be covered by this policy except where there is a clear impact on the University's ability to fulfil its objectives in terms of this policy.

Section 2 - Definitions

(6) For the purpose of this policy:

1. Aggrieved person refers to a person who perceives that they have been targeted and detrimentally affected by the conduct of another
2. Bullying occurs when someone engages in repeated unreasonable behaviour that intimidates, degrades or humiliates a person or persons, and/or has the potential to create a risk to health, safety and wellbeing, including psychological, emotional, and physical health. Bullying behaviour is characterised by its persistent nature, that is, it occurs more than once and is part of a pattern of behaviour. It is behaviour that a reasonable person, having regards to all the circumstances, would consider intimidating, degrading, or humiliating.
3. Contact Officer refers to a person who is designated by the Complaints Resolution Unit as a point of contact for employees and students who are seeking information on process to deal with issues or problems at UWS.
4. Head of Unit - refers to any person who holds any of the following positions:
   1. Vice-Chancellor or nominee
   2. Deputy Vice-Chancellor, Chief Operating Officer or nominee
   3. Campus Provost or nominee
   4. Pro Vice-Chancellor or nominee
   5. Executive Dean or nominee
   6. Head of School or nominee
   7. Director or nominee
   8. Manager Security and Campus Services or nominee
   9. Any other position designated by the Deputy Vice-Chancellor Corporate Strategy and Services as a Head of Unit for the purposes of this policy.
5. Unlawful discrimination occurs when someone, or a group of people, is treated less favourably than another person or group because of their race, colour, national or ethnic origin; sex, pregnancy or marital status; age; disability; religion; sexual preference; trade union activity; or some other characteristic specified under discrimination or human rights legislation.
6. Unlawful harassment occurs when someone is made to feel intimidated, insulted or humiliated because of their race, colour, disability; religion; sexual preference; trade union activity; or some other characteristic specified under discrimination or human rights legislation.
7. Victimisation refers to less favourable treatment of a person or persons for their participation in making, supporting or resolving a complaint, whether that participation was actual, intended or presumed.
8. Vilification refers to a public act that could incite others to hate, have serious contempt for, or severely ridicule a person or a group of people. Under NSW legislation, perceived or actual vilification because of race, colour, nationality, descent, ethnic, ethno-religious or national origin, homosexuality (lesbian or gay), HIV or AIDS status or transgender status is illegal.

Section 3 - Policy Statement

(7) Bullying is unacceptable at the University of Western Sydney and any bullying behaviour by a member of the University community will not be tolerated.

(8) The University of Western Sydney aims to:

1. adopt a risk management approach to bullying which identifies hazards, assesses risk, and eliminates or controls the source of the problem;
2. create a working and learning environment that is free from bullying and one where all members of the university community are treated inclusively and with respect;
3. promote appropriate standards of conduct at all times;
4. implement training and awareness raising strategies to ensure that all employees and students know their rights and responsibilities with regards to bullying;
5. encourage the reporting of behaviour which breaches this policy;
6. provide an effective procedure for bullying complaints based on the principles of natural justice;
7. engage in a process of regular policy and procedural review and improvement.

(9) Any member of the University community who experiences or witnesses bullying may use the procedures below to deal with this adverse behaviour.

Section 4 - Procedures

(10) The procedures used for dealing with bullying should follow principles of natural justice and procedural fairness (see Bullying Prevention Guidelines).

Procedures For Dealing With Bullying By UWS Students

(11) Any employee or student who perceives that they are being bullied or observes incidents of bullying by a student has the right to take action and make a complaint.

Preliminary Actions by Aggrieved Person

(12) The aggrieved person is encouraged to:

1. talk to someone about the alleged bullying behaviour to test perceptions of 'reasonableness' (see Guidelines for suggestions);
2. record the alleged bullying behaviour in writing, making notes of dates, time and instances that describe the behaviour and the context within which the alleged bullying occurred;
3. seek support (see Guidelines for suggestions).

Direct Informal Action by Aggrieved Person

(13) If able to do so, the aggrieved person is encouraged to approach the bully directly and raise the matter, either face-to-face or in writing, telling the alleged bully exactly which behaviour is unreasonable and asking them to stop.

(14) If the aggrieved person is unable to approach the alleged bully directly due to intimidation, the procedures below are available to deal with the matter.

Report Bullying and Seek Advice

(15) The aggrieved person or witness of bullying is strongly encouraged to promptly report the alleged bullying behaviours and seek advice from the relevant Head of Unit.

(16) If the aggrieved person is an employee, advice is also available from a Contact Officer.

(17) If the aggrieved person is a student advice is also available from Student Support Services.

(18) In cases where the alleged bully is the Head of Unit, the matter should be reported to the next level of management.

Student Non-Academic Misconduct Policy

(19) All allegations of bullying by a student should be dealt with in accordance with the Misconduct - Student Non-Academic Misconduct Policy.

Procedures For Dealing With Bullying By UWS Employees

(20) Any employee or student who perceives that they are being bullied or observes bullying by an employee has the right to take action and make a complaint.

(21) The time-frames below may be altered by the relevant Head of Unit according to the severity of the alleged bullying.

Preliminary Action by Aggrieved Person

(22) The aggrieved person is encouraged to:

1. talk to someone about the alleged bullying behaviour to test perceptions of 'reasonableness' (see Guidelines for suggestions);
2. record the alleged bullying behaviour in writing, making notes of dates, time and instances that describe the behaviour and the context within which the alleged bullying occurred;
3. seek support (see Guidelines for suggestions).

Direct Informal Action by Aggrieved Person

(23) If able to do so, the aggrieved person is encouraged to approach the bully directly and raise the matter, either face-to-face or in writing, telling the alleged bully exactly which behaviour is unreasonable and asking them to stop.

(24) If the aggrieved person is unable to approach the alleged bully directly due to intimidation, the procedures below are available to deal with the matter.

Report Bullying and Seek Advice

(25) The aggrieved person or witness of bullying is strongly encouraged to promptly report the alleged bullying behaviours and seek advice from the relevant Head of Unit.

(26) If the aggrieved person is an employee, advice is also available from a Contact Officer.

(27) If the aggrieved person is a student advice is also available from Student Support Services.

(28) In cases where the alleged bully is the Head of Unit, the matter should be reported to the next level of management .

Characterising the Behaviour by Head of Unit

(29) Once the alleged bullying behaviour has been reported, the Head of Unit should consider if the alleged behaviour constitutes bullying according to this policy.

(30) The Head of Unit must also consider the severity of the alleged bullying behaviour and decide whether to proceed according to the Misconduct clauses in the relevant employment agreement.

(31) Heads of Units are encouraged to seek advice from the Office of Human Resources and Equity and Diversity Unit on the characterisation of the alleged behaviour.

Immediate Action by Head of Unit

(32) If the Head of Unit characterises the alleged bullying behaviours to constitute bullying, they should take immediate action to resolve the matter within their work or study unit.

(33) The Head of Unit is encouraged to meet with the alleged bully and sensitively communicate that bullying behaviours akin to those being alleged are not acceptable and should be stopped immediately.

(34) The alleged bully should be given an opportunity to explain and/or improve their behaviour, and be accompanied by a support person at the meeting.

(35) The aggrieved person is informed of action taken by Head of Unit to resolve the alleged bullying reported.

(36) If one month after the initial meeting with the alleged bully, the adverse behaviour has not improved, the Head of Unit should:

1. complete and send an Occupational Health and Safety (OHS) Accident/Injury/Incident/Hazard Notification Form with details of steps taken to deal with the bullying;
2. report the alleged bullying to their Human Resources Business Partner;
3. inform the aggrieved person and alleged bully of the process being followed to deal with the alleged bullying and relevant timeframes; and
4. recommend to the parties they consider mediation, if the aggrieved person is an employee.

(37) The Human Resources Business Partner or HR Advisor will record the alleged bullying and support the Head of Unit to resolve the matter within their work or study unit.

(38) The Office of Human Resources will inform the Head of Unit of the outcome of mediation.

(39) After one month, the Office of Human Resources will follow up with the Head of Unit on the status of the matter.

Formal Procedures

(40) If the matter is not resolved one month after notification to the Human Resources Business Partner and Occupational Health Safety and Information Services Unit, the Office of Human Resources will investigate the alleged bullying.

(41) The Office of Human Resources should notify the aggrieved person and alleged bully of the progress being followed to investigate the matter and the relevant timeframes.

(42) After investigation, the Office of Human Resources will make recommendations to the Head of Unit on possible actions to resolve the bullying, including possible action under the misconduct provisions of the relevant employment agreement.

(43) The Head of Unit will implement the recommendations from the Office of Human Resources.

(44) If the bullying has not ceased after attempting all the above options, the aggrieved person should make a formal complaint under the Complaint Handling and Resolution Policy procedures for a serious matter.

Investigation by Human Resources Director

(45) Should employees express concerns to the Equity and Diversity Unit, the Office of Human Resources, or the Complaints Resolution Unit, about systemic bullying in a particular work or study unit, and evidence is available on the issue from the Office of Human Resources or the Complaints Resolution Unit, the Director Human Resources may undertake an investigation of the unit in question.