VFSC - The Victorian Science Fiction Conventions Inc

 Home

HARASSMENT POLICY

Policy

The VSFC is committed to maintaining a convention environment where all members and visitors can feel safe and comfortable to enjoy and participate in convention activities free from discrimination and harassment, including sexual harassment.

Harassment in any form will not be tolerated by the VSFC and all reasonable measures will be taken to prevent it. These measures will include the establishment of an effective complaints procedure to ensure that any complaint of discrimination or harassment is dealt with confidentially, promptly, fairly and with understanding.

Aims of the Policy

The aims of this policy are to ensure a safe and enjoyable environment and to ensure the VSFC complies with all relevant Discrimination and Equal Opportunity legislation. The VSFC wishes to afford all members the right to be free from intrusive or offensive practices. The purpose is not to regulate private conduct but rather to ensure equality and dignity at convention meetings and other official VSFC activities.

This policy is only applied to VSFC activities, which include but are not limited to: VSFC conventions, VSFC Board meetings, Convention Committee meetings, VSFC special events and all VSFC Convention Committee and Members’ email lists. The VSFC is not responsible for conduct of any of its members outside official VSFC activities.

Definitions

Discrimination is treating someone less favourably than another person because of a characteristic that is not relevant to the situation. Discrimination on the following grounds is illegal and will not be tolerated by the VSFC – race/nationality/ethnicity, gender, marital status, disability or impairment, physical features, age, sexual preference, pregnancy/potential pregnancy, political connection, religion, family responsibilities, carer status, VSFC activity or inactivity and non VSFC convention activity or inactivity.

Harassment is a form of discrimination and may involve physical, verbal, written or visual messages or behavior. Harassment is any uninvited or unwelcome behavior or message which is directed at another person and which has the effect of offending, intimidating or humiliating that person due to his or her gender, race, age, religion or other personal characteristic (see previous paragraph).

Harassment may be a single act of offensive behavior or a series of repeated events which may be considered unlawful, regardless of whether or not the behavior was intended to offend or humiliate and regardless of whether or not the individual has asked for the behavior to stop.

Sexual harassment is illegal under the Commonwealth Sex Discrimination Act 1984 and under the various State Equal Opportunity acts.

Sexual harassment is any unwanted, unwelcome or uninvited behavior of a sexual nature which makes a person feel humiliated, intimidated or offended in circumstances where a reasonable person, given all the circumstances could have anticipated that it would be found offensive. Sexual harassment can take many different forms and may include physical contact, verbal comments, jokes, propositions, the display of offensive material or other behavior which creates a sexually hostile environment.

Responsibility

The various Acts covering harassment do not require knowledge by the VSFC of a particular harassment situation or act, for it to become liable for acts of harassment.

    Responsibilities of the VSFC Committee

  1. All VSFC Board Members and Subcommittee members have a responsibility to establish clearly that harassment must not occur during convention activities. This includes ensuring their own behavior is above reproach in this regard.
  2. All VSFC Board Members and Subcommittee members have a responsibility to ensure that all members and visitors to the convention are aware of appropriate and acceptable standards of conduct and behavior while participating in VSFC activities.
  3. All VSFC Board Members and Subcommittee members have a responsibility to monitor convention activities and the interactions of members to ensure that harassing behavior does not occur and to intervene in an appropriate manner to correct any behavior which might be regarded as harassing.
  4. All VSFC Board Members and Subcommittee members must ensure that any intervention with regard to harassment is handled discreetly, sensitively and confidentially to minimize any possible adverse results for the person possibly being harassed and to avoid any victimisation. Any discussions must be handled confidentially and kept between persons involved and/or the relevant committee member.
  5. The VSFC Board must investigate all formal complaints of harassment. Prior to taking any action, the Board shall convene a Special Subcommittee, which shall provide a report detailing the facts and recommending a course of action to the VSFC Board, who will determine the appropriate course of action with a view to Clause 7 (Discipline, Suspension and Expulsion of Members) and Clause 8 (Disputes and Mediation) of the VSFC Constitution.

    Responsibilities of all VSFC Members

  1. All members are responsible for their own behavior and must ensure that it is not perceived to be harassing or encouraging harassment by others on a prohibited ground (i.e. likely to cause a person to feel offended, humiliated or intimidated).
  2. Any member found to have illegally harassed another person, whether this be another member or a visitor to the convention, or found to have made a frivolous or irresponsible complaint will be liable to appropriate disciplinary action as prescribed by the VSFC Constitution.
  3. Where any member has been informed that their behavior could be seen to be harassing on a prohibited ground and has been asked to stop and they continue – then such behavior is likely to be judged to be harassment. Harassment may be found to have occurred even though the person being harassed has not asked for the behavior to stop.

    Responsibilities and Rights of Persons Alleging Harassment

  1. Any person who feels they are being harassed has the right to handle the situation themselves to resolve the situation.
  2. They should be aware that while certain behavior could be regarded as offensive/harassing, it may be that the person did not intend it to be that way.
  3. Any person who feels that he/she is being harassed is entitled to the support of the VSFC Board and has the right to take action by:
  4. Informing the offender that the behavior is felt to be offensive and unacceptable. This can be done through direct discussion or in writing.
  5. Discussing the matter with a member of the VSFC Board, who will outline the options available for resolution.
  6. Lodging an informal or formal complaint with the VSFC Board.
  7. Where appropriate, consulting with the Equal Opportunity Commission.

Dealing With Harassment Complaints

Options

    Handling the Matter Themselves

If the member decides to handle the matter personally, the VSFC Board member who received the complaint should follow up within a reasonable period to determine whether any further action is required by the complainant. Other than cases of serious harassment, no further intervention should be undertaken without prior discussion and approval of the complainant.

    An Informal Intervention

  1. A member who believes he/she is being illegally harassed during convention activities may seek advice and assistance from a VSFC Board or Subcommittee member without lodging a formal complaint and with full confidence that the person from whom they seek advice or assistance will treat the matter discreetly and with confidentiality.
  2. A person alleging harassment during convention activities may request the VSFC Board to intervene informally in the situation or with the alleged harasser to resolve the problem, either by discussion individually with the complainant and alleged harasser or, if agreed, by bringing together the two parties.
  3. Any allegation of illegal harassment during convention activities must be treated seriously by the person to whom the complaint is made.
  4. It is important to treat the allegation at this stage as an allegation only.
  5. Usually the informal intervention will consist of advising the alleged harasser that the alleged behavior has been considered harassment by the complainant and that, if it continues, the alleged harasser could be subject to a formal complaint or other disciplinary action. The alleged harasser should be given the opportunity to respond to the allegation(s) and an attempt should be made to conciliate the matter between the two parties. If the harassment is admitted, it may be appropriate to encourage the person against whom the complaint is made to undertake counseling. He/she must also be warned against victimising the complainant.
  6. If the complainant is not satisfied with the outcome of the informal handling of their complaint, he/she may elect to lodge a formal complaint in accordance with this policy.

    Formal Complaint

  1. Any person who believes they are being unlawfully harassed during convention activities can lodge a formal complaint with the VSFC Board. Once a formal complaint is made it is to be turned over to a specially formed sub-committee for investigation.
  2. If, on the basis of the reported incident, the alleged behavior or incident seems to be against the VSFC’s Harassment policy, the VSFC Board has an obligation to investigate the allegation and/or provide alternative investigation strategies.

    No Further Action Requested

  1. If, after the complaint has been made, the complainant specifically requests no further investigation, the VSFC Board should, except in cases of serious harassment, state that it will abide by the complainant’s wishes, affirm his/her right to complain and clarify the VSFC’s obligation to prevent harassment and victimisation. The complainant should be offered time to reconsider his/her decision not to proceed with the complaint.
  2. The Chairman of the Special Subcommittee should document the interview, including the complainant’s request that no further action be taken. The special subcommittee chairman should obtain the complainant’s signature on the record of the interview, date that report and store it securely. Complaint data must not be kept with general convention files.
  3. The Special Subcommittee Chairman should monitor the ongoing situation and follow up with the parties if this is thought to be desirable.
  4. Where serious harassment is alleged, the VSFC Board has an obligation to investigate the allegation even when the complainant requests that no further action be taken. In such cases the VSFC Board must use sensitivity in conducting its investigation and provide protection against victimisation for the complainant.

    Further Action Requested

The complainant must provide the following information:

  • The name(s) of the alleged harasser(s).
  • Details of the incident(s) of alleged harassment, including the nature of the alleged harassment, the date(s) and time(s) of the alleged harassment, the name(s) of any witness(es) to the alleged harassment, and any other information which they deem relevant – including efforts taken to cause the harassment to stop.
  • The complainant should provide this information in a signed and dated statement, which he/she has prepared. Alternatively, the person to whom the allegations are made should prepare a written report providing the required information for the complainant to sign and date. This report must be kept in a secure place. The complaint data must not be kept on general files.
  •     Interviewing the Complainant

    The person conducting the interview – probably the Chairman of the Special Subcommittee – should:

    1. Emphasise the complainant’s right to nominate preferred solutions, stress the need for confidentiality and re-affirm the VSFC’s commitment to protect the complainant’s rights as an VSFC member and to provide him/her with a satisfactory environment to participate and enjoy convention activities.
    2. Explain the proposed investigation/grievance procedure.
    3. Gain the complainant’s permission to take notes.
    4. Ensure that the complainant does not suffer undue stress from a lengthy interview. The interviewer should arrange a further interview with the complainant if this occurs.
    5. Clarify the specific allegations.
    6. Identify what are the complainant’s preferred outcomes and, where appropriate, preferred solutions.
    7. Document the interview, obtain the complainant’s signature on the written record of the meeting and date the report. This report should be stored securely. The complaint data must not be kept on general files.
    8. Take necessary action and monitor developments.

        Interviewing the Respondent

    1. Respondents have the right to a fair hearing. It must be remembered that until the allegations are substantiated, the respondent(s) must be considered innocent.
    2. The Special Subcommittee Chairman should:

    a)    provide the respondent(s) with a copy of the formal complaint or a summary of the allegations,

    b)    explain fully the investigation procedure that will be followed,

    c)    allow the respondent sufficient time to consider the allegations, eg 24 hours, and then interview the respondent(s).

    1. At that initial meeting the respondent(s) should be cautioned against victimising or even contacting the complainant. He/she/they should be offered the opportunity to have a support person at the subsequent interview.
    2. The special subcommittee chairman should inform the respondent(s) at the commencement of the subsequent interview that notes will be taken and a report of the interview drawn up which the respondent will be asked to sign and date as an accurate record of the interview. It may be appropriate to ask the support person, if in attendance, to also sign and date the report.
    3. The Special Subcommittee Chairman should advise the respondent that the matter will be handled confidentially and that no committee meeting minutes will be recorded unless the complaint is substantiated.
    4. The Special Subcommittee Chairman should interview the respondent(s) to ascertain his/her view of the situation. The respondent(s) should be asked to identify any possible witnesses to the interactions between the respondent and complainant.
    5. The Special Subcommittee Chairman should explain to the respondent(s) the VSFC’s legal obligations and the grievance procedures and processes.
    6. The Special Subcommittee Chairman should remind the respondent(s) that any victimization of the complainant is unlawful and can result in disciplinary action being taken.

        Resolution

        If unlawful harassment at a VSFC activity appears to have occurred the following steps should be followed.

        Interviewing Witnesses

      1. At this point, the Special Subcommittee Chairman may determine whether it is appropriate to interview witnesses nominated by the complainant and/or respondent.
      2. Witnesses must be advised of the confidentiality of the matter and cautioned about discussing the situation with any other personnel, including the complainant and/or respondent.
      3. Witnesses must be advised that any victimisation of the complainant and/or respondent can result in disciplinary action being taken against them.
      4. Witnesses should be advised/reminded of the VSFC’s legal obligations and the grievance procedures and processes.
      5. Witnesses must be advised of the complaint and asked for their observation of relevant events. The focus should be on what they observed, not their interpretation of what they observed.
      6. The Special Subcommittee Chairman should inform the witnesses at the commencement of the interview that notes will be taken and a report of the interview drawn up which the witness will be asked to sign and date as an accurate record of the interview.

    The Special Subcommittee Chairman, having conducted an investigation should prepare a report for the Board outlining the process followed, findings and proposed course of action. This course of action may or may not be subject to Clause 7 of the VSFC constitution.

    When a course of action has been approved, the complainant and the respondent(s) must be advised in writing of the decision, the reasons and the proposed course of action.

    The Special Subcommittee Chairman must ensure that a written summary of events, actions taken and outcomes is promptly prepared and is securely filed as it may be required to be tabled if an external hearing occurs.

    The Board should monitor the ongoing situation and take such further action as may be necessary.

    Record Keeping

    In order to comply with Federal privacy legislation, records of the investigation, complaints, etc. should be kept securely and separately from the Association’s general files, and of the records of the parties involved and retained for at least 12 months after completion of the investigation. Access to documentation should be strictly limited to those with a demonstrated ‘need to know’.

    External Hearing

    It may be likely that the documented records detailed above in respect of a specific complaint may need to be made available at any future External Hearing of the complaint. Either the complaining member, or the respondent, have a right to take the case to either the relevant Federal or State Anti-Discrimination Tribunal if they feel that the outcome of the complaint was unsatisfactory.

     

    Any queries about this Policy should be sent in the first instance by email, to VSFC. at info@vsfc.org.au

     


    Back to Top
    Last Updated: 9 November 2008