Equity, Ethics and Social Justice

University of New England

4

Casual Staff Induction

UNE Equity Policies and Procedures

• Anti-Racism Policy & Guidance Materials

• Cultural Diversity Priority Statement

• Equal Employment Opportunity Policy

• Gender Representation on Decision Making & Advisory Committees

• Sex-Based Harassment Policy

and Procedures

UNE Values

• Formative • Respectful• Inclusive• Flexible• Innovative

A GUIDE FOR ETHICAL DECISION MAKING

• Is the decision or conduct lawful?• Is the decision or conduct consistent with

University policy, UNE’s strategic plan and code of conduct?

• What will the outcome be for the staff member; colleagues; students; the University and other parties?

• Do these outcomes raise a conflict of interest or lead to private gain at the expense of the University?

• Can the decision or conduct be justified in terms of the public interest and would it withstand public scrutiny and the standards set by the NSW Ombudsman’s Office and ICAC?

Valuing DiversityShow courtesy,

sensitivity and respectValue different

perspectivesAllow for a range of

needsUse inclusive language

and check language is not a barrier

Valuing Diversity Be open to unfamiliar

aspects of interpersonal behaviour (body language, space, eye contact etc.)

Offer assistance where appropriate

Seek information/assistance for yourself if required

Email your enquiries to:

staffequity@une.edu.au

UNE EQUAL EMPLOYMENT OPPORTUNITY POLICY AIM

• promote the development of a University culture supportive of employment equity and diversity principles;

• provide equal employment opportunities within UNE, identify and remove barriers to participation and progression in employment, and implement an affirmative action program for Equity groups as defined in the legislation, namely women, Aboriginal and Torres Strait Islander peoples, racial, ethnic and ethno-religious minorities, and people with disabilities;

• ensure that appointment and advancement of staff are determined on the basis of merit; • prevent and eliminate discrimination against staff on the grounds of sex, marital status,

pregnancy or potential pregnancy, race or ethnic background, age, carer responsibilities, sexual orientation, disability, political or religious belief or transgender status;

• take active steps to redress any past discrimination through the provision of programs for Equity group members; and

• ensure that all of its management and educational policies and practices reflect and respect the social and cultural diversity contained within the University and the community it serves.

The University expects all staff to act in accordance with this policy

EEO Rights and Responsibilities

• Your EEO rights include a workplace free from discrimination and harassment; fair treatment; grievances dealt with in accordance with correct procedures; and equal access to training and development opportunities.

• Your EEO responsibilities include treating others fairly; taking action to prevent harassment and discrimination; respecting diversity; and carrying out your work to the best of your ability and providing quality service.

HARASSMENT AND DISCRIMINATION

UNE is a harassment and

HARASSMENT AND DISCRIMINATION

• Harassment is any form of behaviour which is unwelcome, unsolicited and unreciprocated, which makes the workplace unpleasant, humiliating or intimidating for the person who is the target of that behaviour.

• Direct discrimination is where someone is treated less favourably than another in the same or similar circumstances on any of the grounds and in any of the areas covered by legislation i.e. where a characteristic or presumed characteristic is used as the basis for a decision.

• Indirect discrimination is where apparently neutral practices, rules or decisions in reality exclude or disadvantage certain categories of people covered by legislation.

Race related discrimination

It is unlawful to discriminate against or harass someone because of their:• Race • Colour• Descent• National or ethnic origin

In the classroom, academic staff must ensure that both their own commentary and the discussion of students is reasonable, mild, and does not impact on the human dignity of any party to the discussion.

Sex and gender related discrimination

It is unlawful to discriminate against or harass someone because of their:• Sex • Marital or relationship status• Pregnancy or potential pregnancy• Breastfeeding• Family responsibilities• Sexual orientation• Gender identity• Intersex status

Disability-related discrimination

It is unlawful to discriminate against or harass someone who:

• Has a disability

• Had a disability in the past

• May acquire a disability in the future

All types of disability are covered, including: physical, intellectual, psychiatric, sensory, neurological or

learning disabilities, physical disfigurement, illnesses such as HIV/AIDS

Age-related discrimination

It is unlawful to discriminate against someone because of their

age

Internet, Social Media and Email

• Harassment can occur in cyberspace as well as in physical locations.

• Interactions between work colleagues on the internet, via email, text message or on Facebook, Twitter or other social media are covered by anti discrimination laws. If harassment occurs during these interactions, the perpetrator can be held responsible.

• Use of social media can blur the line between your professional and personal life. You should think about where you want to maintain that line. For example, if you are an academic, you might want to consider carefully whether you are willing to accept your students as social media ‘friends’ as this might be perceived as conflict of interest.

UNE Social Media Policy

UNE Social Media Policy aims to ensure that all members of the University

community using social Media, have guidance about the University’s

expectations of online etiquette and responsible conduct within a social media

environment

UNE Social Media Policy

• While engaging with social media can deliver significant benefit to the University, it is also a medium that due to its scale and speed of transmition, can magnify both positive and negative discourse and publicity

• The University expects everyone to act in accordance with Social Media Policy

Bullying• Bullying is repeated unreasonable

behaviour that is intimidating, offensive, humiliating or degrading.

• Bullying could be a form of unlawful harassment if it is directed at someone because of one of the grounds covered by anti-discrimination legislation, e.g. their sex, race, disability etc., or if it creates a hostile environment on one of these grounds.

• Bullying is not limited to conduct by a senior person. Behaviour by a person at the same level as you, or even junior to you, may be bullying.

• Bullying behaviour can breach industrial

and/or criminal laws, as well as the University policy.

Inappropriate Relationships 1

• A conflict of interest arises when the professional responsibilities of a staff member towards a student or a subordinate colleague are effected, or perceived to be affected, by a special personal relationship with the student or colleague.

• Teachers, supervisors and managers hold special positions of authority and trust over their students and employees. Engaging in sexual relationship violates this trust.

Inappropriate Relationships 2

Conflict of interest and abuse of trust are just some issues to consider. Other issues include:• Academic Integrity• Supervision of PhD Students• Teachers, supervisors and managers need to

ensure, for their own protection, that there is no basis for a student to claim to have misinterpreted their actions - potential for relationship to become ‘sexual harassment’

Inappropriate Relationships 3

It is a good practice to avoid socialising ALONE with a student you are supervising. For example, you should avoid:

• Meals to celebrate birthdays or other occasions• Supervisory meetings held at your or your student’s

home• supervisory meetings held over a drink in a pub or

bar• Going for a quick drink after a meeting

Inappropriate Relationships 4

• The staff student relationship must not jeopardise the academic integrity or effective functioning of the University. In relationships with students, the staff member is expected to be aware of their professional responsibilities and must avoid apparent or actual conflict of interest, favouritism or bias.

• The University expects that: (i) employees will declare any conflicts of interest in accordance with the Conflicts of Interest Policy; (ii) employees will behave in accordance with the Code of Conduct; and (iii) where close personal relationships exist, employees will act in a professional manner whilst conducting the University's work.

Inappropriate Relationships 5

Where a staff member has a student relative or

friend, that staff member should not take any part

in any academic or administrative decision-

making processes in respect of that student, for example assessment procedures or evaluation

of a students work, classification for honours,

etc.

Legislation

• Fair Work Act 2009, section 351(Cth)• Racial Discrimination Act 1975 (Cth)• Sex Discrimination Act 1984 (Cth)• Australian Human Rights Commission Act

1986 (Cth)• Disability Discrimination Act 1992 (Cth)• Age Discrimination Act 2004 (Cth)

Complaints & Grievances

If you are discriminated against or harassed you can complain about this

treatment through the internal process at the University or through an external

agency such as the Fair Work, WorkCover, ComCare or the Australian Human Rights

Commission.

Grievances 1

• Where possible the preferred method of resolving issues of harassment, bullying and discrimination within the workplace is informal

• Where a staff member does not feel safe or confident enough to self manage a situation, they can seek the assistance of another person to raise the issue, such as their supervisor or health and safety representative

Grievances 2

Where this is not appropriate or where informal attempts have been unsuccessful as a formal complaint under the Grievance

Procedures provided in the relevant Enterprise Agreement, or

where the matter is health or safety related by submitting an Incident Report to Human Resource Services

Complaints

How?

Complaints to the Chief University

Ombudsman should be lodged in writing

Where? Chief University Ombudsman

University SecretariatBooloominbah S11

University of New EnglandArmidale, NSW 2351

If you are accused of discrimination or harassment

You are entitled to natural justice, including being informed of the allegations against you, having the

opportunity to state your case and having the outcome determined by an independent decision - maker

REMEMBER

Remember

• It is unlawful to victimise a person who makes a complaint or who provides evidence about someone else’s complaint

• If you are involved in a complaint in any way – as a complainant, a respondent, a witness or a manager – you must maintain confidentiality about the complaint

Support Services - HR

Please contact UNE HR, ext. 3705 to make appointment with one

of Equity Advisors

Support Services – Employee Assistance Program

The Employee Assistance Program (EAP) is a professional, independent and confidential

counselling service with Centacare New England North West

All UNE staff can access the counselling services provided through EAP

Access to the Employee Assistance Program02 6738 7200

8 a.m. – 5 p.m. Mon-Fri

Thank you