Version Information
Fri, 31 Mar 2023
Approved by: Governance Board
Current Version: V1.2
Replaces Version: V1.1
Next Review: Fri, 31 Mar 2023
Domain:
Institute
Related Policies
- Staff Grievance and Complaint Policy
- Staff Induction Policy
- Academic Staff Performance Review and Management Policy
- Staff Selection Recruitment Appointment and Professional Equivalency Policy
- Student Grievance Complaints and Appeals Policy (Non-academic)
- Student Code of Conduct and Shared Responsibility
- Student Welfare and Disability Policy
- Student Misconduct Policy
Anti-discrimination Policy
Purpose
This policy is designed to affirm and promote the right of all students, staff, contractors, governance committee members, alumni and visitors of Metavision Institute to study and work in an environment free from discrimination, bullying and harassment in any form, and to be treated with respect and dignity.
Scope
This policy applies to all governance committee members, staff, contractors, students, alumni and visitors while engaged in work, professional training or other activity at Metavision Institute.
Definitions
Bullying: Repeated and unreasonable behaviour directed towards a person or group of people that creates a risk to health and safety. This includes victimising, humiliating, intimidating or threatening.
Interpersonal conflict or disagreement, or reasonable direction and expectations of staff as part of performance management, do not constitute bullying.
Discrimination: Treating a person less favourably because of a personal characteristic or attribute, whether real, perceived, or inferred. This includes sex, gender, gender identity, sexuality, intersex status, relationship status, pregnancy, breastfeeding, parental status, family responsibility, disability, race, nationality, ethnicity, descent, ancestry, immigration, age, religious or political belief or activity, trade union activity, lawful sexual activity, or personal association with any person who is identified on the basis of any of the above.
It is not considered discrimination if:
- A person is not offered a position at Metavision Institute, because, even with reasonable adjustments, they cannot meet the inherent requirements,
- A student with a disability does not pass the requirements of a course, even with the provision of reasonable adjustment in assessment tasks,
- Metavision Institute has gained an exemption or the law otherwise allows the organisation to target a position for a particular group of people to redress past disadvantage,
- Metavision Institute implements equal employment opportunity strategies, plans or programs designed to ensure genuine equal opportunities in the workplace and in study, particularly in relation to groups that have been disadvantaged in the past.
Harassment: Intimidation, insults or humiliation of a person, or a group of people, because of one or more characteristics, or from working in a hostile or intimidating environment that makes a person feel offended, humiliated or intimidated, where that reaction is reasonable in the circumstances. Harassment can arise from a single or repeated incident(s).
Sexual harassment: An unwelcome sexual advance, unwelcome request for sexual favours or other unwelcome conduct of a sexual nature which makes a person feel offended, humiliated or intimidated, and where that reaction is reasonable in the circumstances. A power imbalance between staff and student, or line manager and staff member, increases the harm of sexual harassment.
Sexual assault: any unwanted or forced sexual activity without consent. Sexual assault is a serious crime.
Policy
1. Anti-discrimination
Metavision Institute does not tolerate discrimination, bullying, harassment or sexual harassment within its community. Discrimination, bullying, harassment and sexual harassment in employment and education are unlawful under a range of anti-discrimination, human rights and equal opportunity legislation.
2. Rights
Everyone in Metavision Institute’s community has rights to study and work in an environment free from discrimination, bullying, harassment and sexual harassment. Metavision Institute takes all reasonable steps to prevent discrimination, bullying, harassment, and sexual harassment, including its policy framework and educative approaches.
3. Teaching and Learning Strategies
Metavision Institute’s teaching and learning strategies are designed to be inclusive of student diversity, including by addressing the under-representation and disadvantage experienced by some groups in the community, and to create equivalent opportunities for academic success.
This includes a particular focus on students from Aboriginal and Torres Strait Islander backgrounds through the provision of scholarships and mentoring.
4. Fair and equitable processes
Metavision Institute takes all reasonable steps to ensure that its systems are inclusive and non discriminatory. This includes provision of fair, consistent and equitable processes in:
- Staff selection, recruitment and appointment,
- Staff performance review and performance management practices, and
- Student admissions and assessment.
5. Reporting
Metavision Institute encourages the reporting of discriminatory, bullying, harassment and sexual harassment behaviours and incidents. Metavision Institute will investigate complaints and provide appropriate support and referrals.
6. Making a complaint
Metavision Institute will sensitively facilitate timely and appropriate action in response to grievances, formal complaints and appeals about discrimination, bullying, harassment and sexual harassment, within the framework of the Student Grievance, Complaints and Appeals Policy (Non-academic) and Staff Complaint Policy.
7. Support for complainants
Members of Metavision Institute’s community with a grievance, complaint or appeal about discrimination, bullying, harassment or sexual harassment will be referred to support and advocacy services. Metavision Institute will make available general information on counselling services that are available for immediate emotional help, such as Lifeline.
8. Key referral information
For advice about discrimination on the basis of personal characteristics, sexual harassment or racial or religious vilification, contact the Australian Human Rights Commission.
For support services for people who experience sexual assault, contact the Rape Crisis Centre: after-hours crisis line and referrals to local sexual assault and women’s health services.
To pursue an order to stop workplace bullying, contact the Fair Work Commission for further information.
If the allegation of bullying or harassment involves assault or threats of assault, it may be appropriate for the Academic Director or Executive Officer to contact the NSW Police and report the incident.
9. Consequences for breaches of this policy
Breaches of this policy will be addressed through the Staff Performance Management and Review Policy and the Student Misconduct Policy. Depending upon the nature, severity and implications of the breach, consequences may include: a report to the Police, a formal warning, retraining, and/or other disciplinary action such as suspension or termination of employment, or exclusion from study at Metavision Institute.
Responsibilities
The Governance Board is responsible for the oversight of this policy.
The Executive Officer will monitor the implementation of this policy in relation to staff, and will provide a report on staff complaints and outcomes to the Governance Board on an annual basis.
The Academic Director will monitor the implementation of this policy in relation to students, including referrals to counselling services, and will provide a report to the Academic Board in relation to student wellbeing on an annual basis.
The Executive Officer and Academic Director will facilitate the provision of education and information to prevent and support action in response to discrimination, bullying and harassment for higher education staff in Induction and students at Orientation.
All staff, students and other members of Metavision Institute’s community are to comply with this policy, codes of conduct and other policies and procedures relevant to the respectful, fair and equitable treatment of others.
Commonwealth Legislation
- The Human Rights and Equal Opportunity Commission (HREOC) is the national independent statutory government body responsible for administering federal anti-discrimination and human rights laws including:
- Human Rights and Equal Opportunity Commission Act 1986
- Racial Discrimination Act 1975
- Sex Discrimination Act 1984
- Disability Discrimination Act 1992
- Age Discrimination Act 2004
- Sex Discrimination Amendment (Sexual Orientation, Gender Identity and Intersex Status) Bill 2013
NSW Legislation
- Anti-discrimination Act 1977 (NSW)