Youth Challenge
Unit 4: Tackling Sexual Harassment in Your School
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8
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 . . .
A strong statement on the
school's attitude to sexual harassment
This should state that the school is committed to ensuring
that the working and learning environment is harassment-free. It
should also state that sexual harassment is unlawful and will not
be tolerated, and that action will be taken against those who breach
the policy.
An outline of the school's objectives regarding
sexual harassment
This may include such aims of the school as:
- to create a working and learning environment that
is free from sexual harassment and where all members are treated
with courtesy, dignity and respect
- to promote appropriate standards of conduct at all
times
- to implement strategies to ensure that all members
of the school community know their rights and responsibilities
in this area
- to encourage the reporting of prohibited behaviour
- to provide an effective complaints procedure based
on principles of natural justice
- to treat all complaints in a serious, sensitive, fair,
timely and confidential manner
- to guarantee against victimisation or reprisals.
A plain English definition of sexual harassment
It is best if this definition includes a list of the
sorts of situations and behaviour that constitute sexual harassment.
Use the What is sexual harassment? resource sheet to develop a good definition.
What sexual harassment is not
The policy should stress that sexual harassment is not
behaviour that is based on mutual attraction, friendship or respect.
If the interaction is consensual, welcomed and reciprocated it is
not sexual harassment.
A statement that sexual harassment is against
the law
Students and teachers need to know that sexual harassment
is against the law. Depending on the circumstances, all students
and staff may be covered by the Sex Discrimination Act 1984 (Cth) or laws in their state or territory.
Possible
consequences if the sexual harassment policy is breached
Normally a variety of consequences will apply according
to the severity of the situation and whether it is a first or subsequent
offence. Consequences may include an apology, counselling, compensation,
disciplinary action, misconduct proceedings or even expulsion.
Options available for dealing with sexual harassment
Staff and students should be advised of a variety of
possible informal and formal options for dealing with sexual harassment,
such as confronting the harasser, or the processes for making a
complaint within the school system (who to approach, and what their
role is from then on).
Where to get help or advice
The policy should include the contact details of people
who have been appointed to provide information or assistance or
who are responsible for receiving complaints. |
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.
- Are people aware of the policy? Do they have a copy of it?
- Is it provided to new staff and students?
- Is it periodically reviewed? It is available in appropriate
languages?
- Are there training and awareness-raising strategies associated
with the policy?
This document is also available for download
in  Word and  PDF formats. |
