Managing Diversity, Access & Equity for Students

Policy
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Related policies and documents:

SSS003/V2/30-10-2009
Manager Student Support Services
29 October 2009
29 October 2012
Student Complaint Policy and Procedure, Disability
Action Plan, Managing Diversity for Employees
Policy

Purpose
To ensure that William Angliss Institute (WAI) provides students with an environment free
from any form of inappropriate behaviour, and a learning environment in which all students
are treated fairly, equitably and with respect.

Coverage
This policy applies to all WAI students and prospective students, and staff of WAI in
situations or activities related to their roles at the Institute.

Policy
WAI is committed to providing equal opportunity, and freedom from discrimination,
harassment and vilification for all students. It is also committed to providing a learning
environment free from inappropriate behaviour. WAI seeks to create an environment which
reflects and values the social and cultural diversity within the Institutes community and the
communities it serves.
WAI will:

Not tolerate discrimination, racial or religious vilification, harassment or bullying, as

defined in this Policy, in any Institute-endorsed activities. Nor will it tolerate victimisation
of any person who raises, or is involved in resolution of, a complaint of a breach of this
Policy.
Provide reasonable adjustments to the learning environment as required, and will strive
to apply the principles of inclusion in all of its activities, to ensure that all people have
equal opportunity to access and participate in education.

Ensure that it has in place procedures to deal with any alleged breaches of this Policy
fairly and expeditiously. It will provide a complaint process for students who feel they
have been discriminated against, ensuring that complaints are treated seriously, and that
appropriate action is taken. WAI will ensure that all complaints are handled with
appropriate confidentiality and in a manner that adheres to the principles of natural
justice.

Ensure that employees understand WAIs Managing Diversity Policy and their rights and

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responsibilities in this area through regular training and ongoing awareness programs
including training in unlawful discrimination, sexual harassment, racial and religious
vilification, and bullying.

Eliminate, as far as possible, any forms of harassment including taking appropriate action
in the absence of a complaint to ensure that staff behaviour reflects the standards
outlined in the WAI and Public Sector Code of Conduct.

Unreasonable Behaviour
It is against the law to discriminate, harass, vilify or bully a person in education or
employment. The following unreasonable behaviour is not accepted in the Institute.
Discrimination
On the grounds of any of the following attributes:

Age

Impairment (includes HIV, Aids and Hepatitis C)

Disability

Industrial activity

Lawful sexual activity

Marital status

Physical features

Political belief or activity

Pregnancy

Race

Religious belief or activity

Sex

Status as a parent or carer

Breast feeding
Gender identity

Sexual orientation

Personal association (whether as a relative or otherwise) with a person who is identified

by reference to the above attributes.

Sexual Harassment
Sexual harassment can refer to a person, or a group of people, behaving inappropriately
towards another person (or persons) through behaviour of a sexual nature that is insulting,
humiliating, abusive or aggressive and treats a person less favourably and/or unfairly.
Sexual harassment does not include behaviour mutually acceptable to the participants. It is
important to recognise individual differences and that particular behaviours will elicit different
responses or reactions from different individuals.
A person sexually harasses another person if he or she:

Makes an unwelcome sexual advance or an unwelcome request for sexual favours to the
other person.

Engages in any other unwelcome conduct of a sexual nature in relation to the other
person, in circumstances in which a reasonable person, taking everything into account,
would have anticipated that the other person could be offended, humiliated or intimidated.

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Conduct of a sexual nature includes:

Subjecting a person to any act of physical intimacy.

Making oral or written remarks or statements with sexual connotations to a person or

about a person.

Making any gesture, action or comment of a sexual nature in a persons presence.

Racial and Religious Vilification

Racial and religious vilification refers to acts that incite hatred, ridicule, contempt or revulsion
towards a person or a group of people because of their race or lawful religious activity. A
person must not engage in such acts either on a single occasion or over a period of time.
Actions can include:

Intimidation.

Damage to property.
Graffiti.

Expressions of hatred or contempt.

Communication over the internet.

Racist posters or stickers.

Verbal abuse of a racial or religious nature.

Vilification is unlawful in all public places such as workplaces, educational institutions,

restaurants, shopping centres, railway stations, radio programs, internet sites and ones own
neighbourhood. Vilification is also unlawful where it occurs in private, and the behaviour can
be heard or seen by a third party.
Bullying
Bullying is defined as repeated behaviour directed toward a person, or group of persons,
which creates a risk to their health (including mental health) and safety. The determining
factor is the effect on and perception of the receiver or any observers, rather than the
intentions of the person engaging in the behaviour. The behaviour can include, but is not
limited to:

Verbal abuse.

Excluding or isolating a person or persons.

Psychological harassment.

Assigning meaningless tasks unrelated to course outcomes.

Giving people impossible tasks (i.e. setting a person up to fail).

Deliberately changing arrangements or schedules to inconvenience particular people.

Deliberately withholding information that is vital for effective performance.

Responsibility
Staff members, students and other members of the Institute are responsible for their own
behaviour and may face disciplinary and/or legal action if they engage in, condone or collude
with discriminatory, harassing, vilifying or bullying behaviour.
Teachers, Managers and Executives of the Institute are responsible for the prevention of
discriminatory, harassing, vilifying behaviour and bullying in the areas or activities for which
they are responsible. This responsibility includes publicising the terms of this Policy to their

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staff and students and taking appropriate action in the event of a concerns being raised
about breaches of this Policy.
Managers with responsibility for engaging other individuals or groups (such as contractors,
partner providers) who will have interactions with Institute students, are responsible for
putting in place measure to have those individuals or groups comply with the expectations of
this Policy where appropriate to their activities.
Managers and Executives and any staff responsible for the design of activities, facilities and
services, are responsible for ensuring the provision of reasonable adjustments to the learning
environment as required, and for applying the principles of inclusion wherever possible.
The Manager Student Support Services is responsible for the provision of information on this
Policy, and for provision of information on ways to resolve complaints of breaches of this
Policy.

Definitions

Discrimination and harassment: - occur when a person is discriminated against or

harassed:
o
o

Because of their race, colour, descent or national or ethnic origin, as defined

under the Racial Discrimination Act 1975.
Because of their sex, marital status, pregnancy as defined under the Sex
Discrimination Act 1984.

o
o

Because of a disability as defined under the Disability Discrimination Act 1992.

Because of age as defined under the Age Discrimination Act 2004.

Some grounds under the Human Rights and Equal Opportunity Act 1986.

Inappropriate Behaviour: - is behaviour which breaches this Policy or the Institutes

Code of Conduct and/or is behaviour that a reasonable person, having regard to all the
circumstances, would expect to victimise, humiliate, undermine or threaten.

Natural Justice: - a minimum standard of fairness should be applied to all parties when
investigating complaints. The person accused of discrimination, sexual harassment or
bullying must be:
o Fully informed in writing of the complaint made against them and who has made
the complaint.
o Given the opportunity to give their side of the situation.
o Assured that the person investigating the grievance is fair and impartial.

Unlawful Discrimination: - may be direct or indirect.

o Direct discrimination: - occurs if a person treats, or proposes to treat, someone
with a protected attribute less favourably or unfairly because of that characteristic.
o Indirect discrimination: - occurs where treating everyone the same and not
considering a protected attribute can be unfair.

Victimisation: - A person victimises another if they subject them to or threaten them with
unfair treatment because they have either made a complaint or assisted a person making
a complaint.

Legislative and/or Institute Management Context

This policy enables WAI to comply with regulatory and management instruments including
but not limited to:

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Disability Discrimination Act 1992 (Clth)

Equal Opportunity Act 1995 (Vic)

Human Rights and Equal Opportunity Commission Act 1986 (Clth)

Racial and Religious Tolerance Act 2001 (Vic)

Racial Discrimination Act 1975 (Clth)

Sex Discrimination Act 1984 (Clth)

Code of Conduct Victorian Public Sector

Code of Conduct - William Angliss Institute

WAI Student Complaint Procedure

Non-compliance with Policy

Established breaches of the Institutes Managing Diversity, Access & Equity Policy and any
associated procedures will be met with disciplinary action and may result in suspension or
expulsion. Proven non-adherence may also result in the initiation of legal investigations
where breaking the law prescribes legal action.

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