RightsED: Tackling sexual harassment - Resource sheet: Developing a sexual harassment policy for your school
Tackling sexual harassment
Resource sheet: Developing a sexual harassment policy for your school
As a student you are entitled to an education free of sexual harassment. The same
applies to teachers - they are entitled to a workplace free from harassment.
Schools have an obligation to deal with sexual harassment and all other forms of
bullying.
Sexual harassment by a member of staff
Regardless of your age, it is unlawful for a teacher to sexually harass you.
Sexual harassment by another student
Regardless of your age, it is unlawful for an adult student to sexually harass you.
Certain types of bullying, about sex or sex-based characteristics, may also be sexual
harassment.
Who is responsible?
Anyone aged over 16 years is considered an
'adult student', which means they are personally liable for sexually harassing another
student or teacher. If you are harassed, you may be able to lodge a complaint against
the student and, in some cases, against the school.
A complaint of sexual harassment can't be made against another student if the
harasser is under 16 years. In these circumstances, however, you may be able to make a
complaint against the school as it has a duty of care to protect students from
harassment and discrimination.
Anti-harassment policies
Each school should have a policy for dealing with these issues.
A good policy will include the following elements (You can tick off those ones that
your school has in its policy on sexual harassment).
A good school sexual harassment policy has . . . |
(Tick) |
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A strong statement on the school's attitude to sexual This should state that the school is committed to ensuring that the working and |
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An outline of the school's objectives regarding sexual This may include such aims of the school as:
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A plain English definition of sexual harassment It is best if this definition includes a list of the sorts of situations and |
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What sexual harassment is not The policy should stress that sexual harassment is not behaviour that is based on |
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A statement that sexual harassment is against the law Students and teachers need to know that sexual harassment is against the law. |
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Possible consequences if the sexual harassment policy is Normally a variety of consequences will apply according to the severity of the |
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Options available for dealing with sexual harassment Staff and students should be advised of a variety of possible informal and formal |
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Where to get help or advice The policy should include the contact details of people who have been appointed |
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Making it work
A written policy is not enough. There must also be a program within the school for
making the policy known, and for enforcing it.
Find out about the sexual harassment policy at your school.
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Are people aware of the policy? Do they have a copy of it?
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Is it provided to new staff and students?
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Is it periodically reviewed? It is available in appropriate languages?
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Are there training and awareness-related strategies associated with the
policy?
For more information see www.humanrights.gov.au/sexual_harassment