1. Purpose

1.1 The University recognises the right of all staff, visitors, and other members of the University community to a university environment free from unlawful discrimination, bullying, harassment (including sexual harassment), victimisation, vilification, violence (including threats of violence), and gender-based violence and is committed to providing safe and inclusive campus communities.

1.2 The University has zero tolerance for unlawful discrimination, bullying, harassment (including sexual harassment), victimisation, vilification, violence (including threats of violence), and gender-based violence and expects that all staff behave professionally, with respect for others in accordance with the Staff Code of Conduct - Governing Policy and relevant legislation.

2. Scope and application

2.1 This policy applies to all staff, contractors and visitors in circumstances where they are performing work, duties, or functions for the University, as well as related activities such as work-related functions, travel, conferences, and any circumstances where they are attending as a University staff member either on campus, in transit to/from campus, off campus, and in the digital environment.

2.2 For the purposes of this policy, staff means current employees and people representing the University, including visiting, honorary and adjunct academics, members of University Council, external members of University committees, and individuals acting in a voluntary capacity.

2.3 For information related to expected standards of student interactions and behaviours refer to the Sexual Assault, Sexual Harassment and Respectful Relationships (Students) - Operational Policy and the Sexual Assault, Sexual Harassment and Respectful Relationships (Students) - Procedures.

2.4 When reported behaviour does not have the requisite connection to the University as outlined above, the University provides support and guidance about accessing relevant support services.

3. Definitions

3.1 Refer to the University’s Glossary of Terms for definitions as they specifically relate to policy documents.

Bullying refers to repeated and unreasonable behaviour, whether intentional or unintentional, directed towards an individual or a group that creates a risk to health and safety. Bullying can occur in various forms, including physical, verbal, social, or online (cyberbullying). It is not limited to abuse of power by supervisors; staff or students can bully peers or supervisors, and bullying can occur between members of an ostensibly equal group.

Examples of bullying behaviours include (but are not limited to):

• abusive, insulting, or offensive language or comments;
• unjustified criticism or complaints;
• deliberately excluding someone from work or study-related activities;
• withholding information vital for effective performance;
• setting unreasonable timelines or constantly changing deadlines;
• assigning tasks that are unreasonably below or beyond a person’s skill level;
• denying access to information, supervision, consultation, or resources;
• spreading misinformation or malicious rumours;
• changing work or study arrangements to deliberately inconvenience a person.

Bullying does not include reasonable management action carried out in a reasonable manner.

Discrimination means discrimination that is unlawful under any anti-discrimination law in force where the conduct occurs. Under the Anti-Discrimination Act 1991 (Qld), discrimination occurs when a person with a protected attribute is treated less favourably than another person, or when unreasonable terms or conditions disadvantage people with a particular attribute. Discrimination may be direct or indirect.

Protected attributes include those listed in the Anti-Discrimination Act 1991 (Qld) and the Fair Work Act 2009 (Cth), such as sex, relationship status, pregnancy, parental status, breastfeeding, age, race, impairment, religious or political belief or activity, trade union activity, sex work activity, gender identity, sexual orientation, sex characteristics, family responsibilities, association with a person identified on the basis of these attributes, and other attributes recognised under law.

For the avoidance of doubt, discrimination includes antisemitism, defined by Australian universities based on the International Holocaust Remembrance Alliance (IHRA) as:
“Discrimination, prejudice, harassment, exclusion, vilification, intimidation or violence that impedes Jews’ ability to participate as equals in educational, political, religious, cultural, economic or social life.”

Gender-based violence refers to any act of violence, abuse, or harm, including physical, sexual, psychological, emotional, financial, cultural, spiritual, or technology-facilitated abuse, that is underpinned by gender-based power inequalities, social norms, or discrimination and that causes, or is likely to cause, harm, fear, coercion, control, or loss of liberty.

Harassment refers to any unwelcome, unsolicited, or unreciprocated behaviour that is likely to offend, humiliate, or intimidate. It is usually (but not always) repeated and can be based on any attribute listed under the definition of discrimination. Harassment may include sexual, disability, racial, sexuality, or gender-based harassment.

Examples include (but are not limited to):

• telling insulting jokes about particular racial groups;
• sending explicit or sexually suggestive emails or text messages;
• displaying racially offensive or pornographic posters or screen savers;
• making derogatory comments or taunts about someone’s race;
• asking intrusive questions about someone’s personal life, including their sex life.

Human Rights are those rights defined in the Human Rights Act 2019 (Qld) and recognised in international covenants, including the International Covenant on Civil and Political Rights (ICCPR), the Universal Declaration of Human Rights (UDHR), the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP), and the International Covenant on Economic, Social and Cultural Rights (ICESCR).

Examples of rights relevant to the University context include, but are not limited to:

• freedom of thought, conscience, religion and belief;
• freedom of expression;
• peaceful assembly and freedom of association;
• cultural rights, including those of Aboriginal and Torres Strait Islander peoples;
• the right to a fair hearing;
• the right to protection of privacy and reputation; and
• the right to recognition and equality before the law, which entitles every person to be effectively protected against discrimination.

Misconduct means conduct which is not serious misconduct but which is nonetheless conduct which is unsatisfactory.

Natural justice (procedural fairness) means that a person who might be adversely affected by an administrative decision (the affected person) must be given a ‘fair hearing’ before the decision is made. However, there are generally considered to be three aspects of natural justice:

1. The notice requirement - The notice to the affected person must identify the critical issues and contain sufficient information for the person to be able to participate meaningfully in the decision-making process.

2. The fair hearing rule - A fair hearing means that the affected person is given a reasonable opportunity to ‘speak or respond’ and also that the decision maker genuinely considers the affected person’s submission in making the decision.

3. Free from bias rule - The person making the decision must be and be seen to be impartial. Bias is a lack of impartiality for any reason and may be in favour of or against the affected person. It may arise from the decision maker having some financial or other personal interest in the outcome of the decision (conflict of interest) or giving the impression that they have prejudged the issue to be decided (prejudgement).

Source: Queensland Ombudsman (2020) Good decisions: Resource Report

Reasonable management action means management action taken to direct and control the way work is carried out. It is expected that staff will at times have to discuss inadequacies of performance with other staff and may have to instruct them in more effective ways of performing their duties. These acts do not constitute work-related bullying when undertaken in a professional manner. Similarly, providing guidance, conducting performance counselling, commencing unsatisfactory performance procedures or misconduct procedures does not in itself constitute work-related bullying when undertaken in a professional manner. It is appropriate and expected that both managers and supervisors will offer constructive and legitimate advice and comment as part of their role in a way that does not demean or humiliate. Examples of reasonable management action include:

• setting reasonable performance goals, standards and deadlines
• rostering and allocating working hours in accordance with the UniSC Enterprise Agreement
• implementing organisational change or restructuring
• deciding not to select a staff member for promotion or appointment where a reasonable process is followed
• informing a staff member about unsatisfactory work performance in an honest, fair and constructive way
• informing a staff member about unreasonable behaviour in an objective and confidential way
• taking disciplinary action, including suspension or terminating employment.

Serious misconduct means misconduct of a serious nature and includes:

• serious misbehaviour of a kind which constitutes a serious impediment to the carrying out of a staff member's duties or to a staff member's colleagues carrying out their duties;
• serious dereliction of the duties required of the staff member's office;
• conviction by a court of an offence which can be demonstrated to constitute a serious impediment of the kind referred to in this definition;
• wilful or deliberate behaviour by a staff member that is inconsistent with the continuation of the contract of employment;
• conduct that causes serious and imminent risk to the health and safety of a person or the reputation, viability or profitability of the University;
• during employment, engaging in theft, fraud, assault, sexual harassment, intoxication at work (where a staff member’s faculties are so impaired as to make the staff member unfit for duty);
• refusing to carry out a lawful and reasonable instruction that is consistent with the staff member’s contract of employment.

University community means all staff members, adjunct and honorary title holders, members of University Council, students, consultants, contractors, volunteers, researchers and external appointees of Council, boards and committees of the University.

Unreasonable behaviour means behaviour that a reasonable person, having considered the circumstances, would see as unreasonable, including behaviour that is victimising, humiliating, intimidating, or threatening.

Victimisation means treating someone unfairly because they have made, or intend to make, a complaint. This also includes the unfair treatment of those who have supported another person in making a complaint.

Vilification is a public act which is capable of inciting hatred, serious contempt for, or severe ridicule of a person or group of persons on the grounds of race, religion, sexuality, sex characteristics or gender identity. Vilification is unlawful under the Anti-Discrimination Act 1991 (Qld).

As outlined in the Anti-Discrimination Act 1991 (Qld) there are some exceptions which ensure the right of freedom of speech is not unduly restricted, including, but not limited to, a public act done reasonably and in good faith for purposes in the public interest, including discussion and debate or for academic, artistic, scientific, or research purposes.

Worker is as defined in section 7 of the Work Health and Safety Act 2011 (Qld), a worker includes employees, contractors, subcontractors, students gaining work experience, and volunteers in the workplace.

4. Policy statement

4.1 The University has zero tolerance for unlawful discrimination, bullying, harassment (including sexual harassment), victimisation, vilification, violence (including threats of violence), and gender-based violence. Staff must uphold an inclusive, safe, and respectful environment where diversity is valued and these behaviours are prohibited. The University has a legal and moral responsibility to prevent such conduct and ensure that members of the University community are not subjected to behaviours or practices of this nature.

4.2 Consistent with the Equity, Diversity and Inclusion – Operational Policy, the University strives to prevent and respond to unlawful discrimination, bullying, harassment (including sexual harassment), victimisation, vilification, violence (including threats of violence), and gender-based violence in all aspects of its operations and to create an environment where all staff, visitors, and other members of the University community can work and learn within a culture based on mutual respect.

5. Principles

5.1 The University is committed to fostering the right of individuals to be free from unlawful discrimination, bullying, harassment (including sexual harassment), victimisation, vilification, violence (including threats of violence), and gender-based violence while engaged in activities undertaken as part of their employment or other association with the University.

5.2 The University does not tolerate unlawful discrimination, bullying, harassment (including sexual harassment), victimisation, vilification, violence (including threats of violence), and gender-based violence under any circumstances and takes all reasonable steps to prevent behaviours or action of, or by, staff, visitors, and other members of the University community in accordance with the Staff Code of Conduct – Governing Policy and the Enterprise Agreement.

5.3 All members of the University community are expected to uphold the University’s values and behave in a respectful and inclusive manner towards other members of the University community.

5.4 Staff who interact with students have a responsibility to ensure that study environments and other places of student activity are respectful, inclusive, and free from all forms of discrimination, harassment or bullying behaviours.

5.5 The Work Health and Safety Act 2011 (Qld) imposes an obligation on all workers and visitors to take reasonable care of their own health and safety, and to take reasonable care that their acts or omissions do not adversely affect the health and safety of others.

5.6 The Fair Work Act 2009 (Cth) makes workplace bullying unlawful and provides protection for workers who believe they are being bullied where workplace measures have not satisfactorily addressed the behaviour.

5.7 Unlawful discrimination, bullying, harassment (including sexual harassment), victimisation, vilification, violence (including threats of violence), and gender-based violence may:

(a) lead to increased absenteeism, reduced staff member productivity and motivation;

(b) adversely affect the health and wellbeing of staff and other members of the University community;

(c) create a distressing, intimidating, offensive, or hostile work or learning environment;

(d) result in the resignation of skilled and experienced employees;

(e) adversely affect a person’s access to or participation in educational opportunities provided by the University;

(f) adversely affect a person’s recruitment, level of appointment, progression, and promotion opportunities; or

(g) adversely impact the University’s reputation.

6. Prevention

6.1 The University uses educative approaches and awareness raising for the prevention of unlawful discrimination, bullying, harassment (including sexual harassment), victimisation, vilification, violence (including threats of violence), and gender-based violence, ensuring staff, visitors, and other members of the University community know their rights and responsibilities, and to encourage the reporting of behaviour that breaches this policy.

6.2 The University monitors and reviews reports of unlawful discrimination, bullying, harassment (including sexual harassment), victimisation, vilification, violence (including threats of violence), and gender-based violence to identify patterns of recurring incidents and take actions to mitigate future risks.

6.3 Staff participate in any training offered that assists with creating a safe and inclusive workplace and learning environment.

7. Reporting and Responding

7.1 Staff who experience, witness, or are otherwise exposed to unreasonable behaviour or a potentially harmful situation must report this to their supervisor, relevant Cost Centre Manager, a People and Culture representative, or anonymously through the University’s external and independent whistleblowing service provider, Your Call.

7.1.1 Staff experiencing unlawful discrimination, bullying, harassment (including sexual harassment), victimisation, vilification, violence (including threats of violence), and gender-based violence who believe there is an immediate threat to their safety should call SafeUniSC Security on 07 5430 1168 or use the SafeZone App.

7.2 Complaints of alleged unlawful discrimination, bullying, harassment (including sexual harassment), victimisation, vilification, violence (including threats of violence), and gender-based violence by a staff member are to be reported and managed in accordance with the Resolution of Complaints (Staff) - Guidelines.

7.3 Complaints of alleged unlawful discrimination, bullying, harassment (including sexual harassment), victimisation, vilification, violence (including threats of violence), and gender-based violence by a staff member are dealt with in a timely, sensitive, and confidential way, ensuring appropriate communication and accurate records of complaints.

7.4 The principles of natural justice apply and guide the application of this policy and associated policy documents. This means that before a decision is taken about them, respondents to a complaint have the right to:

(a) be informed about the nature and content of the issue;

(b) be heard; and

(c) have an unbiased decision maker.

7.5 In all matters, the University acts and makes decisions in a way compatible with human rights, as defined in the Human Rights Act 2019 (Qld).

7.6 The complaint resolution process is carried out in good faith. Where complaints are found to be vexatious, the complaint will be rejected and the matter may be dealt with as misconduct or serious misconduct and subject to a disciplinary process in accordance with the Enterprise Agreement.

7.7 Victimisation of any person involved in a complaint is unacceptable and such responses/retaliation by a staff member may be considered a breach of the Staff Code of Conduct – Governing Policy. Such a breach can be considered as misconduct or serious misconduct and subject to a disciplinary process in accordance the Enterprise Agreement.

7.8 When incidents of unlawful discrimination, bullying, harassment (including sexual harassment), victimisation, vilification, violence (including threats of violence), and gender-based violence involves criminal activity, for example sexual assault, physical assault, or the threat of physical assault, it should also be reported to the police. The University is guided by the police to ensure any internal processes do not jeopardise a criminal investigation.

7.9 When an individual remains dissatisfied with the outcome of a University response, or they do not wish to report the matter internally, they can choose to refer their concern to an external body, such as the Queensland Human Rights Commission, Australian Human Rights Commission, Fair Work Commission, Queensland Ombudsman, or Workplace Health and Safety Queensland.

8. Support

8.1 The University takes all reasonable steps to support persons involved in the reporting and management of alleged unlawful discrimination, bullying, harassment (including sexual harassment), victimisation, vilification, violence (including threats of violence), and gender-based violence including the provision of relevant supportive and protective measures.

8.2 Staff are encouraged to utilise the University’s Employee Assistance Program for confidential counselling and to seek advice from People and Culture in relation to the implementation of relevant supportive and protective measures.

9. Authorities and responsibilities

9.1 As the Approval Authority, Vice-Chancellor and President approves this policy in accordance with the University of the Sunshine Coast Act 1998 (Qld).

9.2 As the Responsible Executive Member, the Vice-Chancellor and President can approve procedures and guidelines to operationalise this policy. All procedures and guidelines must be compatible with the provisions of this policy.

9.3 As the Designated Officer, the Director, People and Culture can approve associated documents to support the application of this policy. All associated documents must be compatible with the provisions of the policy.

9.4 This policy operates from the last amended date, with all previous iterations of policy on anti-discrimination and freedom from bullying and harassment are replaced and no longer operating from this date.

9.5 All records relating to anti-discrimination and freedom from bullying and harassment must be stored confidentially and managed in accordance with the Records Management - Procedures, except insofar as is necessary to take any action permitted by this policy or otherwise comply with the law.

9.6 This policy must be maintained in accordance with the University Policy Documents – Procedures and reviewed on a standard 5-year policy review cycle.

9.7 Any exception to this policy to enable a more appropriate result must be approved in accordance with the University Policy Documents – Procedures prior to deviation from the policy.

9.8 Refer to University Delegations – Governing Policy in relation to the approved delegations detailed within this policy.

9.9 The following authorities are delegated under this policy:

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