Division of Human Resources

I think I have been sexually harassed...

 

What is 'sexual harassment'?

Sexual harassment is unwelcome behaviour or conduct of a sexual nature which makes another person feel offended, humiliated or intimidated.

If you have been:

In circumstances in which a reasonable person, having regard to all the circumstances, would have anticipated that you would be offended, humiliated or intimidated:

Then what you experienced is an example of 'sexual harassment'.

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What do I need to know about it?

The first thing that you need to know is that you have a right to work and learn in an environment that is free from sexual harassment.

You also need to know that:

If behaviour that is sexual in nature is unwelcome, uninvited and non-consensual at the time that it occurs, it is sexual harassment.

Even mild forms of sexual harassment can make you feel uncomfortable and detract from your work and studies. This can be particularly true if the person who harassed you has authority over you.

Whether you were harassed by:

you can do something about it.

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When is sexual harassment that is 'against the law' also a criminal offence?

If you are sexually harassed in the course of your work or learning at the University then that harassment is against the law. State and federal equal opportunity laws prohibit it.

However, some forms of harassment that breach equal opportunity laws are also crimes. Examples of these forms of harassment include:

If you have been subjected to criminal behaviour you can contact:

If you think what occurred was criminal in nature but you are unsure what you want to do about it, you can contact one of the University's Sexual Harassment Advisers or the Equal Opportunity Unit on 8344 4438 for advice and support. Even if the sexual harassment involves criminal behaviour, the University may still deal with it using the sexual harassment or other University procedures.

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I think I have been sexually harassed... What can I do?

If you think that you have been: or are being: sexually harassed there are a number of things that you can do to address the issue.

Speak to the harasser

If you feel able to speak to the person who is harassing you, let them know that the harassment is unacceptable. If the behaviour is continuing tell them clearly and firmly that you do not like what they are doing.

You can use phrases like:

They may not realise their behaviour offends you, and might stop once they become aware of it.

Even if you didn't say anything at the time the behaviour occurred, you can still raise the issue with the person now. Tell them that you found what happened offensive, humiliating or intimidating. Make it clear that you think the behaviour should not be repeated.

Write the Harasser a Letter

If you prefer you could write the person a civil and factual letter. This is an effective way of letting them know that their behaviour is unacceptable and that you insist that it stop. When you write the letter:

Deliver the letter personally or by registered mail. Keep a copy of it for your own records but ensure that it remains private and confidential. (See 'Maintain confidentiality and protect yourself from legal liability' below.)

The concern might be resolved between you and the other person without the assistance of the University if you choose to write the person a letter or speak with them directly. However, either one of you is still entitled to ask the University to assist you in negotiating an agreement about the issue through conciliation, after seeking advice from a Sexual Harassment Adviser.

Obtain advice and support from a Sexual Harassment Adviser

The University has a network of trained Sexual Harassment Advisers from whom you can receive advice and assistance. If you go to see an Adviser, they will:

What else can I do?

Maintain confidentiality and protect yourself from legal liability.

If you think you've been sexually harassed it is important to understand the issues surrounding confidentiality and defamation law. Defamation law aims to protect people's reputations from being unfairly damaged. However, allegations of sexual harassment made in good faith through the appropriate channels are unlikely to be defamatory.

It is not defamatory to confront the person who harassed you in person or to write them a letter. Private communications do not damage someone's reputation. The law also protects you when you raise a concern about sexual harassment with the appropriate people in the University.

It is appropriate to discuss what happened with your Sexual Harassment Adviser or staff at the Equal Opportunity Unit. It is appropriate to approach your Manager, Supervisor, or Head of Department in private to raise the concern and find out what can be done about it. Similarly, private communications, such as statements made in confidence to counsellors and lawyers, are 'privileged' and should provide you with similar protection against defamation claims.

On the other hand there are real risks associated with telling others about your allegation of sexual harassment. For this reason it is unwise to make your concerns public. Protect yourself by respecting confidentiality, and avoid talking to your group of friends or people in your workplace about the situation.

Allegations that are untrue, motivated by ill will or malice, or inappropriately broadcast to people who have no legitimate interest in knowing of them are likely to breach defamation laws.

Keep confidential records about the harassment

Write notes about what was said or what occurred, your response to it and how you felt. Include dates, times, places and witnesses. Should you decide to pursue the matter by making a complaint either within the University or outside, these notes will be very helpful to you.

Keep other evidence of the harassment, such as notes, letters or e-mails, even if you don't think you want to pursue the matter. You might change your mind later (especially if the behaviour continues or worsens).

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What can the University do?

The University can play an important role when your right to study and work in an environment that is free from sexual harassment, is threatened. It has developed policies on the prevention of sexual harassment and procedures to address it when it does occur.

If you think have been sexually harassed in circumstances where that harassment:

there are a number of University services that can assist you.

You can start by contacting one of the University's Sexual Harassment Advisers for support, advice and information, or phoning the Equal Opportunity Unit on 8344 4438.

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What should I know about the University's sexual harassment policy and procedures?

The University has procedures to deal with instances of sexual harassment. Those procedures involve three separate stages. The stages are:

The stages are usually sequential. Stages 1 and 2 are both informal procedures. Stage 1 always precedes Stage 2. In most cases, Stage 2 will also occur before Stage 3 (which involves making a formal complaint) is implemented.

Each stage might be sufficient to resolve your particular issue. In implementing these procedures the University's aim is to ensure that:

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Stage 1: Advising

Who are the Advisers and what do they do?

A number of trained Sexual Harassment Advisers are available to provide you with information about the University's policies and procedures on sexual harassment. Advisers can also provide you with referral information where appropriate.

In your initial meeting the Adviser will:

The Advisers' contact details are listed on posters throughout the University and can be obtained from Human Resources, the Equal Opportunity Unit, or from the EO Unit's website - see Sexual Harassment Advisers.

Do I have to make a formal complaint if I speak to an Adviser?

No. Advisers are there to provide you with support and information that will help you to evaluate your options. Once you have all the information you need to make an informed decision, you can decide whether or not you wish to pursue the matter.

Who else can I see?

Members of Staff and University bodies such as Faculty Officers, Student Services and Human Resources should all be able to assist you with obtaining information about the University's sexual harassment policy and procedures. You should also be able to obtain this information from persons and organisations located on campus who represent students or staff, such as:

In addition you may wish to consult an alternative body for further information, ie. a trade union of your choice.

Many people who have experienced harassment find that it has an impact on several aspects of their lives. It could also be helpful to be aware that you can contact:

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Stage 2: Conciliation

What is 'Stage 2: Conciliation' according to the University's sexual harassment policy and procedures?

Stage 2: Conciliation is an informal process in which a neutral third party provides the person who thinks they have been sexually harassed and the alleged harasser with an opportunity to resolve their concerns. It provides parties who wish to pursue the matter with an alternative to a more formal procedure such as a Stage 3: Investigation and Determination or legal action.

Conciliation cannot occur unless both parties agree to participate voluntarily.

It is an informal procedure and does not involve an investigation or assessment about who is 'right' and who is 'wrong'. Instead it allows both parties to express their views and for an agreement to be mutually negotiated and drawn up by the Conciliator. Information that is disclosed during the conciliation process is confidential and must not be used by either party in other contexts.

Conciliation can occur by:

Before conciliation can occur, your Sexual Harassment Adviser will contact the Equal Opportunity Unit to discuss whether or not it is appropriate to conciliate the matter, given the circumstances. If you are advised that the matter is appropriate for conciliation, you may choose which method of conciliation you prefer, and can discuss the advantages and disadvantages of each option with your Sexual Harassment Adviser.

What are the aims of Stage 2: Conciliation?

The aims of Stage 2: Conciliation are to:

Who can conciliate sexual harassment matters?

Only people who the University has authorised to do so can conciliate cases of alleged sexual harassment. Other people have no authority to resolve the issue and are not legally indemnified.

The majority of the University's Sexual Harassment Advisers have received training in Conciliation. However, Advisers are not permitted to act as Advisers and Conciliators on the same case.

Another appropriately trained or qualified person may also be appointed by appropriate staff in the Equal Opportunity Unit to conciliate a case of alleged sexual harassment.

What role will the Adviser play?

The Sexual Harassment Adviser and the Conciliator have separate roles. This allows your Adviser to provide you with information and to ensure that you receive appropriate support. You can seek advice from your Adviser throughout the conciliation process. Your Adviser will not be involved in contacting the alleged harasser, nor in negotiating with them to resolve the issue.

The Adviser will ask you to write down a brief factual summary of:

You must sign and date this document and hand it to the Adviser.

The Adviser will hand the document to the Conciliator who will use it in preparing a standard Letter of Notification that informs the other person that you have raised a concern and are seeking conciliation.

Will the Conciliator be even-handed and unbiased?

Yes. The Conciliator's role is that of neutral third party. His or her goal as a Conciliator is to resolve the issue to both parties' satisfaction, not to take sides.

What happens when an agreement is negotiated through Stage 2: Conciliation?

Agreement can be made verbally in the first instance, but the terms of the agreement do need to be written down and signed by both parties as soon as possible.

Although you and the alleged harasser have some discretion about what they include in the agreement, it must contain:

You may each keep a copy of the agreement.

A copy of the agreement that does not include the name of the alleged harasser will be retained on file by either the Equal Opportunity Unit or the Senior Sexual Harassment Adviser as a means of monitoring the number of conciliation procedures and their outcome. (If you do not wish your name to be recorded on the copy of the agreement that is retained for this purpose you may ask that your name be removed.)

What happens when the other person refuses conciliation, or when conciliation occurs but no agreement can be reached?

If conciliation is refused, or no mutually satisfactory agreement is reached at conciliation, you will need to consider whether you wish to take the matter further. The Conciliator will inform your Adviser in writing of the outcome of the request for conciliation and the conciliation itself.

The Adviser who has been providing you with information and support can continue to assist you. She or he will explain other options that are available to you both inside and outside the University if you decide to pursue the matter further.

What if I don't want to participate in Stage 2: Conciliation and wish to make a formal complaint straight away?

Talk to your Adviser. Conciliation usually occurs before the University's more formal complaints procedures are implemented. It is not always a realistic or appropriate option. This may be the case where:

If you wish to bypass conciliation and proceed to Stage 3, your Adviser will contact appropriate staff in the Equal Opportunity Unit to discuss the request. If, after consultation with the Senior Sexual Harassment Adviser, the Equal Opportunity Unit staff member decides that conciliation would be inappropriate or impossible under the circumstances, they will notify your Adviser of this fact in writing. If you decide to proceed to a Stage 3 — Investigation and Determination procedure, you can include that letter with your written statement outlining the nature of your complaint.

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Stage 3: Investigation and Determination

What is 'Stage 3: Investigation and Determination'?

Stage 3 Investigation and Determination is a formal procedure. It involves:

Stage 3 can be implemented at your request or at the request of your alleged harasser, if Stage 2: Conciliation does not produce an agreement or if conciliation would be impossible or inappropriate in the circumstances.

If you proceed to Stage 3 you may notice a change in the language used to describe the parties involved in the issue. You will be referred to as 'the Complainant', the alleged harasser will be referred to as 'the Respondent', and the concern that you have raised will be referred to as 'the complaint'.

As part of the process, you will be asked by your Sexual Harassment Adviser to provide the alleged harasser with a detailed written account of the allegations that you are making so that she or he can have an opportunity to respond to those allegations in full.

Could the alleged harasser ('the Respondent') request Vice-Chancellor to investigate and determine the issue that has been raised concerning their alleged behaviour?

Yes. As already noted, the alleged harasser ('the Respondent') also has the right to request that a concern that has been raised about their behaviour be formally investigated.

If conciliation has not occurred, the alleged harasser's Adviser must contact an appropriate staff member in the Equal Opportunity Unit to discuss the request.

How may the Vice-Chancellor investigate and determine the complaint?

Once you have informed the Equal Opportunity Unit that you wish to request a Stage 3 Investigation and Determination, they will forward your request to the Vice-Chancellor.

On receiving your request for a Stage 3 Investigation and Determination and your detailed written statement, the Vice-Chancellor must take one or more of the following actions:

If the Vice-Chancellor decides to initiate an investigation he or she will appoint a panel of 2 to 3 persons at a senior level. Depending on the circumstances, the panel must include at least one woman and one man.

What are the possible outcomes of Stage 3?

As a result of the investigation and determination that occurs at Stage 3, the Vice-Chancellor will determine whether or not the complaint of sexual harassment has been substantiated.

If the Vice-Chancellor finds that the complaint is substantiated he or she may refer the matter to be dealt with under the University's procedures for dealing with serious misconduct or misconduct or other procedures.

The Vice-Chancellor may also inform the Respondent that sexual harassment or victimisation of someone making a complaint of sexual harassment is a breach of:

The Vice-Chancellor may also take steps to address any loss or disadvantage you may have suffered as a result of the harassment. This may include:

It is also open to the Vice-Chancellor to find that your complaint is unsubstantiated, in the sense that it is 'misconceived', if it is made in relation to behaviour that:

Will the alleged harasser be 'punished' if the complaint is substantiated?

If the matter is referred to the University's serious misconduct or misconduct procedures, this may lead to disciplinary action being taken which is appropriate to the seriousness of the offence.

The Vice-Chancellor may also take other steps to prevent further harassment in the future.

Can I ask for a review of the outcomes of the Stage 3 Investigation and Determination?

Yes. Both parties can write to the Vice-Chancellor and ask for a review on the ground that the University failed to follow the Stage 3: Investigation and Determination procedures.

The request for a review must be forwarded to the Vice-Chancellor within seven working days upon written receipt of the outcome of the Stage 3 procedures. The Vice-Chancellor must nominate an independent senior member of staff to conduct the review.

Could I be 'punished' if the complaint is found to be unsubstantiated?

You cannot be punished for making a formal complaint of sexual harassment in good faith under the University's policy and procedures.

I want to take legal action outside the University. Who should I contact?

You are entitled to take legal action to pursue a complaint about sexual harassment under the:

If you lodge a complaint with the Victorian Equal Opportunity Commission or the Human Rights and Equal Opportunity Commission pursuant to the above legislation, the University's internal procedures may be suspended or terminated pending the outcome of this complaint.

If you would like more information about this option you should speak to a Sexual Harassment Adviser or to the Equal Opportunity Unit.

Is there a time limit for raising concerns or making complaints?

Except in exceptional circumstances the University's procedures for dealing with cases of alleged sexual harassment cannot be invoked in relation to an incident of harassment that took place more than twelve months ago.

Similarly, you may find it difficult to lodge a complaint with the Victorian Equal Opportunity Commission or the Human Rights and Equal Opportunity Commission if more than twelvke months have passed since the incident and you have no explanation for why you did not lodge the complaint earlier.

Notes

1. The use and misuse of University technology is governed by Statute 8.1. It is relevant to sexual harassment that occurs through the use of computers and e-mail, and is located at the following internet address: http://www.unimelb.edu.au/ExecServ/Statutes/r81r7.pdf.

2. The policy on dealing with cases of alleged sexual harassment, Statement of Policy and Procedures for Dealing with Cases of Alleged Sexual Harassment (Standing Resolution of University Council) is located at the following address: http://www.unimelb.edu.au/ExecServ/Srvol1/sr314.htm

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Useful Resources

Collier, Rohan. Combating Sexual Harassment in the Workplace. Open University Press, Buckingham, UK, 1995.

Equal Opportunity Commission Victoria. Complaint Resolution: Guidelines for Managers. EOC, Melbourne, 2000.

Equal Opportunity Commission Victoria. Harassment in the Workplace: Guidelines for Managers. EOC, Melbourne, 2000.

Jenkins, Kate and Lawrie, Carl (editors). Women in the Workplace: Sexual Harassment and Discrimination. Prospect Media, St Leonards, 2000.

Human Rights and Equal Opportunity Commission. Sexual Harassment and Educational Institutions: A Guide to the Federal Sex Discrimination Act. HREOC, Sydney, 1996.

Human Rights and Equal Opportunity Commission. Sexual Harassment Code of Practice. HREOC, Sydney, 1996.

Paludi, Michele A. and Barickman, Richard B. Academic and Workplace Sexual Harassment: A Resource Manual. State University of New York Press, USA, 1991.

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Websites

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