75
80
85
90
95
100
105
1 6 5
professional relationships,
diminish
the experience of university
life,
and
will
not be tolerated at
UTS.
All
students and staff have a responsibility to contribute to the achievement of 70
a
productive,
safe and equitable study and
work
environment by
avoiding
practices
which
lead to, support or
condone
harassment.
3.1
Legislation
Provisions
relating to
unlawful
harassment are outlined in both federal and
state anti-discrimination
laws.
These
laws
prohibit discrimination and
harassment in
employment,
education and
service
delivery
on the
grounds
previously
listed.
The
legislation also prohibits
racial,
homosexual,
transgender
and
HIV
/
AIDS
vilification, dismissal because of
family
responsibilities, and
victimisation resulting
from
a complaint.
3.2
What
is
unlawful
harassment?
Unlawful
harassment is any
unwelcome
conduct, verbal or
physical,
which
has
the intent oreffect of creating an intimidating, hostile or
offensive
educational,
work
or
living
environment, and
which
happens because of a person's
sex,
pregnancy,
race or ethno-religious background, marital status, age, sexual
preference, transgender status or disability.
Unlawful
harassment can include:
• verbalabuse or
comments
that put
down
or stereotype people
• derogatory or
demeaning
jokes intended to
offend
on the basis of
stereotyped characteristics
• offensive communications
(such
as posters, letters,
emails,
faxes,
screen
savers,
web
sites)
'.
offensive
telephone
or
electronic
mail
orother
computer
system
communications
• insults, taunting,
name
calling, innuendo or
bullying
• persistent or intrusive questions or
comments
about an
individual's
personal
-"- life
unwelcome
invitations especially after
prior
refusal
orientation activities that
involve
unwelcome
sexual,
sexist, racist or other
rti~criminatory
behaviour
•
non
verbal behaviour
such
as whistling, staring and leering
• uninvited
sexual
or
physical
contact
such
as
embracing,
kissing
or touching
• intrusive questions about sexualactivity
•
demeaning
jokes of a
sexual
nature
•
promises,
propos'" ns or threats in return for sexual
favours
• engaging in behav,. ich is embarrassing, humiliating or intimidating
• derogatory
comments
out
race,
religion
and customs
• teasing or offensive language and racist behaviours
•
mocking
customs or cultures.
The
offensive behaviour does not haveto take placea
number
of times: a single
incident can constitute harassment.
What
is important is
how
the behaviour affectsthe
person
it is directed against. 110
Unlawful
harassment can occur
even
if the behaviour is not intended to offend.
Students and staff
should
be
aware
that differing social and cultural standards
UNIT7
On
campus
ENGLISH
FOR
ACADEMIC
PURPOSES
s t u
den
t s :
boo
k
• selection criteria requiring a specific
number
of years of
previous
experience
may
also constitute indirect age discrimination.
Indirect discrimination
provisions
recognise the structural inequalities
some
25
groups
encounter in employment, and
require
the university to
examine
all its
policies and practices, to ensure that not only the intention but also the
impact of the rule or practice is non-discriminatory.
However,
indirect
discrimination is not illegal if the condition, requirement or practice
which
indirectly discriminates is seen to be reasonable in the circumstances. 30
1.4
Areas
of discrimination
UTS
is
committed
to
ensuring
the elimination ofanydiscrimination or harassment
in
employment,
education and
service
delivery
on the
grounds
of:
• sex
•
race,
colour,
descent, national or ethnic origin, ethno-religious
background
35
• marital status
• pregnancy or potential
pregnancy
•
family
responsibilities
• disability (includes physical, intellectual, psychiatric,
sensory,
neurological
or learning disabilities and illness
such
as
HIV/AIDS)
40
• homosexuality
• transgender status
• age
• political conviction
•
religious
belief.
The
Equity
and
Diversity
Unit
provides
confidential, equity-related grievance
advice
to both students and staff
who
feel they
may
have been discriminated
against or harassed on any of the
grounds
listed
above.
2 What is not unlawful discrimination?
• Administrative action.
Managers
and university staff frequently
have
to 50
make
difficult decisions, for
example,
course changes.
These
decisions
may
not please
everybody
but they do not
normally
constitute discrimination.
• Student assessment.
Academic
staff
have
a responsibility to students to
assess their
work
fairly,
objectively and consistently
across
the candidature
for their particularsubject/course. Apoorassessmentis not discriminatory, 55
provided
the criticism is reasonable and constructive.
Giving
appropriate
criticism and taking appropriate corrective action
when
an individual's
assessmentis unsatisfactory is a standard part of
academic
life.
• Consensual relationships. A relationship of a
sexual
nature
based
on
mutual attraction, friendship and respect does not constitute 60
discrimination, providing the interaction is consensual, welcome and
reciprocated.
However,
consensual relationships
may
lead to conflict of
interest (see later).
3
UTS
Policy on the prevention of harassment
UTS
is committed to ensuring that all students and staff are treated
fairly
and 65
equitably, and can
work
and study in an environment free of harassment.
Discrimination, harassment and victimisation are
unlawful, undermine
1
64