Harassment

Schools are required to provide a safe physical and emotional environment.

Harassment, including sexual and racial harassment, is any behaviour that is ongoing or repeated, and is embarrassing, intimidating, intrusive or offensive to the receiver. It is not tolerated at Fergusson Intermediatel. Any student, member of staff, or volunteer, who feels that they are suffering harassment, should follow the complaints procedure.

The school's harassment policy enables us to:

§ work towards a safe and effective learning environment where staff and students are free from harassment

§ provide educational programmes which promote positive attitudes to racial and other differences, and to the bi-cultural heritage of New Zealand

§ educate and inform the school community about what is acceptable, and what is unacceptable behaviour

§ follow appropriate and proper procedures to handle complaints of harassment

§ meet the requirements of the Human Rights Commission and employment legislation.

Note: If a complainant feels that their complaint is not dealt with or followed up satisfactorily, they may have grounds to take a Personal Grievance (see below) procedure against the school.

Relevant Legislation:

Human Rights Act, 1993

Crimes Act, 1961

Employment Relations Act, 2000

Definitions of Harassment

Harassment is any unwanted comment, conduct or gesture directed toward an individual or a group of individuals which is insulting, intimidating, humiliating, malicious, degrading or offensive, and is either repeated or an isolated incident which is so significant that it adversely affects someone’s performance, contribution or work environment. Harassment is a form of discrimination.

Sexual Harassment

Sexual harassment is broadly defined as the unwanted imposition of sexual behaviour. Any verbal or physical conduct of a sexual nature constitutes sexual harassment when:

it is unsolicited, unwelcome or repeated
submission to such conduct is implicitly or explicitly a term or condition of an individual’s employment
submission to such conduct is implicitly or explicitly a term or condition for decisions which would affect promotion, course completion, salary, or any other job, working or studying condition
such behaviour creates an intimidating, hostile or offensive work environment for one or more employees or students.

Examples of sexual harassment:

sexual jokes
offensive telephone calls, texts, internet or social site postings
displays of obscene or pornographic photographs, pictures, posters, reading material
offensive email messages, screensavers or computer graphics
sexual propositions or repeated requests for dates
physical contact such as patting, pinching or touching in a sexual way
unnecessary familiarity such as deliberately brushing against a person
uninvited kisses or embraces
unwelcome and uncalled for remarks or innuendo about a person’s private life
wolf whistles, cat calls, obscene gestures
stalking
indecent exposure.

Racial Harassment

Racial harassment is behaviour and/or practices that exclude students, staff or parents from participating in the activities of the school on the basis of race. Racial harassment is broadly defined as the use of language (whether written or spoken) or visual material, or physical behaviour that:

expresses hostility against, or brings into contempt or ridicule, any other person on the ground of the colour, race, or ethnic or national origins of that person
is hurtful or offensive to that person
is either repeated, or of such a significant nature, that it has a detrimental effect on that person.

Examples of racial harassment:

racist jokes
graffiti
verbal abuse
unwanted nicknames
posters, cartoons, etc.
violence
comments or behaviour suggesting one race is inferior
shunning a person because of their race
wearing racist badges or insignia.

Harassment Complaints Procedure

Many harassment complaints can be resolved informally through confronting the person responsible, explaining that their behaviour is offensive and seeking an assurance that it will stop. It may be necessary to approach another staff member for support at this stage.

If the harassment is very serious, or continues after an initial confrontation about it, the person being harassed should report it to one of the following:

the school management, as a formal complaint
the police, if the harassment involves sexual or physical assault
the Human Rights Commission, if the complainant doesn't want to complain to the school management, or is not satisfied with the result of an internal investigation.

Note: strict confidentiality must be maintained in both informal and formal management of a harassment complaint to avoid victimisation, humiliation, and defamation.

Defamation

A complaint of harassment is potentially very damaging to a person’s character or reputation. Anyone involved in a harassment complaint must maintain strict confidentiality and only discuss the complaint with those responsible for dealing with it.

One person can sue another for defamation if they believe that they made a false statement likely to expose them to contempt, hatred or ridicule and which injures their reputation. It only needs to be a statement made by one person to another.

Sometimes, the first reaction of a respondent accused of harassment is to threaten to sue for defamation. It is not defamatory for the complainant to confront the alleged harasser directly and in private, or to send them a private letter outlining the offensive behaviour. It is not defamation if the complaint is made honestly, and only to those responsible for dealing with it.

There may be a case for defamation if a complainant speaks to anyone other than the alleged harasser, or those with a genuine need to know.

Personal Grievance

An employee who has a personal grievance has the right to pursue that grievance against their employer under the Employment Relations Act 2000.

Reasons for taking a personal grievance may include the claim:

that the employee has been unjustifiably dismissed
that the employee's employment was affected to the employee's disadvantage by some unjustifiable action by the employer
that the employee has been discriminated against in the employee's employment
that the employee has been sexually harassed in the employee's employment
that the employee has been racially harassed in the employee's employment
that the employee has been subject to duress in the employee's employment in relation to membership or non-membership of a union or employees' organisation.

A personal grievance must be made within 90 days of the alleged grievance.

The employer may be liable for harassment of a staff member by the employer personally, a representative of the employer, a co-worker, or student (customer) of the employer.

If the personal grievance is not settled in discussions with the employer, the grievance may be referred to mediation provided by the Employment Relations Service or Employment Relations Authority.

The Employment Relations Act sets out the awards that may be made by the Employment Relations Authority or Court. These can include:

compensation of money lost by the employee as a result of the grievance
compensation for pain and humiliation, and other loss of benefit
a recommendation to the employer concerning possible actions regarding the behaviour of the harasser, for example, disciplinary or rehabilitative action.

Relevant Legislation:

Employment Relations Act, 2000