policy and procedures for dealing with cases of alleged harassment

 

      1. Statement of Policy

      2. Education and Information

      3. Confidentiality and Legal Liability

      4. Counselling and Conciliation

      5. Formal Complaints

      6. External Complaints

      7. Review of Policy and Procedure

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1. Statement of Policy

1.1    The following statement, derived from the advice of the University of Melbourne Heads of Colleges, is a general summary of the Stirling policy.

Sexual harassment covers a range of unwelcome, unsolicited and non-reciprocated behaviour. This may constitute deliberate or unintentional communication verbal or otherwise, or physical contact of a sexual nature. It extends from unwelcome actions such as gestures and the display of offensive pictures, comments of a sexual nature, and implied or explicit demands for sexual activities, to physical contact such as patting or pinching, through to more hostile conduct.

In addition to this Statement of Policy and Procedures, the Stirling Theological College directs faculty, staff and students to the procedures and policies in place in associated entities. That is, the Melbourne College of Divinity: Grievance Policy; and The Code of Ethics applicable to Ministers of Churches of Christ in Australia (Victoria and Tasmania Conference).

1.2    In general, sexual harassment does not arise in the context of a mutual sexual attraction and flirtation based upon choice and consent.

1.3    A complaint in accordance with the procedures below should be made as soon as practicable, and must be made within twelve months of the alleged offence. These procedures apply only if the complainant and respondent were, at the time of the alleged offence, enrolled Stirling students, tutors, lecturers or other staff.

 2. Education and Information

2.1    Stirling is committed to fostering an environment in which sexual harassment does not occur.

2.2    Stirling students are advised on the Stirling web site of sexual harassment policies, and of the process available to them to initiate a complaint. The process is as follows:

Each student, tutor, lecturer and member of staff Stirling is expected to respect the right of all people to freedom from sexual harassment. Anyone concerned that this right is being infringed should, in the first instance, bring the matter to the attention of the Principal and, if either the Principal or the Complainant feel it warranted, apply to the External Grievance Officer for action. Appropriate procedures will then be instituted. The External Grievance Officer is Dr Lyn McCredden. Dr McCredden's contact details are available from the Stirling Registrar.

 3. Confidentiality and Legal Liability

3.1    An accusation of sexual harassment can be potentially defamatory. This can involve risks to those concerned in the matter, especially if confidentiality is not observed, and the person's reputation is damaged. Protection against defamation is achieved by a complainant when the complaint is lodged with the Commissioner for Equal Opportunity under the Equal Opportunity Act or Sex Discrimination Act. However in any internal Stirling proceedings neither the complainant nor any other parties have this protection. The law does provide certain protection for otherwise defamatory statements.

        The risk of defamation proceedings can be kept to a minimum if the complaint is handled by as few people as possible and confidentiality is strictly observed.

4. Counselling and Conciliation

4.1    Stirling has an appointed Adviser who will inform, support and advise a Complainant. The Adviser has a full statement of the Stirling Sexual Harassment Policy as well as the MCD Grievance Policy. Currently the advisor is the Stirling Pastoral support person, Glynnis Hearn.

4.2    When appropriate the Adviser will refer complaints to the Stirling Principal and/or the External Grievance Officer (see 2. above).

4.3    By agreement with the Complainant the Adviser may refer the complaint to another External Conciliator (not the External Grievance Officer). External Conciliators are experienced persons, trained in counselling, conciliation, and relevant legislation and procedures. They will initially counsel persons who consult them or are referred to them. They will provide supportive counselling if the Complainant decides not to proceed with a complaint. If the Complainant wishes to proceed with the complaint the External Conciliator will in confidence inform the alleged offender(s) of the nature of the complaint and offer conciliation.

4.4    The objects of conciliation will be:
         to avoid any recurrence of the offending behaviour
         to ensure there are no reprisals for making a complaint
         to redress the situation if the complainant has suffered a disadvantage as a consequence of            reporting or resisting the harassment.

5. Formal Complaints

5.1    A respondent may request that a separate External Advisor investigate and report on the matter if he/she does not accept the informal negotiation of the External Grievance Officer, or if he/she denies the allegation or refuses to accept the outcomes of informal conciliation.

5.2    Whenever a formal complaint is received or action is taken on the basis of a complaint the respondent must be informed of the complaint or of any action being taken.

5.3    The Complainant may request that the External Grievance Officer deals with the complaint if conciliation has been refused or no satisfactory outcome has been achieved by conciliation; or where the complainant has been disadvantaged, or the situation has not been redressed to her/his satisfaction.

5.4    A complainant should submit a written statement setting out details of the complaint. Providing that the Principal is not named as one of the parties he / she shall be informed in confidence by the Adviser or the External Grievance Officer, of the names of the complainant and the respondent and provided with a copy of the complainant's statement.

 6. External Complaints

6.1    Complaints arising from persons who are not Stirling students, tutors, lecturers or staff against a Stirling student, tutor, lecturer or staff will be referred to the appropriate body in the sphere in which the alleged offence took place, for advice and conciliation.

6.2    Allegations referred back for attention to Stirling from the appropriate body will be dealt with, in the first place, by the Principal of the college concerned, their designated representatives, or the MCD Dean and, if appropriate, the MCD Council.

7. Review of Policy and Procedure

Stirling will review its policy on Sexual Harassment at least triennially and always in the light of any complaints and referrals it receives.