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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
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.
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.
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.
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.
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
- 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).
- 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.
- 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
- Any person who feels they are being harassed has the
right to handle the situation themselves to resolve the situation.
- 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.
- 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:
- Informing the offender that the behavior is felt to
be offensive and unacceptable. This can be done through direct discussion or
in writing.
- Discussing the matter with a member of the VSFC
Board, who will outline the options available for resolution.
- Lodging an informal or formal complaint with the
VSFC Board.
- 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
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.
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.
Any allegation of illegal harassment during
convention activities must be treated seriously by the person to whom the
complaint is made.
It is important to treat the allegation at this
stage as an allegation only.
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.
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
- 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.
- 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
- 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.
- 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.
- The Special Subcommittee Chairman should monitor the
ongoing situation and follow up with the parties if this is thought to be
desirable.
- 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:
Interviewing the Complainant
The person conducting the interview – probably the
Chairman of the Special Subcommittee – should:
- 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.
- Explain the proposed investigation/grievance
procedure.
- Gain the complainant’s permission to take notes.
- 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.
- Clarify the specific allegations.
- Identify what are the complainant’s preferred
outcomes and, where appropriate, preferred solutions.
- 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.
- Take necessary action and monitor developments.
Interviewing the Respondent
- 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.
- 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).
- 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.
- 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.
- 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.
- 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.
- The Special Subcommittee Chairman should explain to
the respondent(s) the VSFC’s legal obligations and the grievance procedures
and processes.
- 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.
- Locate witnesses to the incident(s) (if any).
- Keep their involvement to the minimum necessary to
establish the facts.
- Document the interviews.
Interviewing Witnesses
- At this point, the Special Subcommittee Chairman
may determine whether it is appropriate to interview witnesses nominated
by the complainant and/or respondent.
- 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.
- Witnesses must be advised that any victimisation
of the complainant and/or respondent can result in disciplinary action
being taken against them.
- Witnesses should be advised/reminded of the
VSFC’s legal obligations and the grievance procedures and processes.
- 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.
- 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
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