Harrassment

PT ENGLAND SCHOOL POLICY

HARASSMENT

INTRO:

The Board of Trustees in its role as legal employer of staff and of guardian for pupils during school hours has a responsibility for ensuring that harassment of students, staff or parents does not occur within the school.

OBJECTIVES:

1.To ensure that no form of harassment occurs within the school.

2.To communicate to staff, parents and students that harassment of any kind will not be tolerated and that the Board of Trustees will enforce appropriate disciplinary measures where complaints are upheld.

GUIDELINES:

1.For the purposes of this policy harassment is defined as behaviour which is unwelcome or offensive to a student, staff member or parents. It may be by the use of words (written, electronic or spoken) of a sexual nature or by physical behaviour or of a sexual nature. There may be implied promise of preferential treatment, detrimental treatment or threat about the present or future status of that person within the school. The behaviour is either repeated or of such a significant nature that it has a detrimental effect on that person's schooling, parenting, job satisfaction or job performance.

2.Any complaints of harassment will be dealt with according to the procedures laid down by the Board of Trustees.

3.If harassment complaints are upheld disciplinary action will be taken by the Board of Trustees. The disciplinary action taken will be dependent on the facts of the case.

PROCEDURES FOR DEALING WITH HARASSMENT COMPLAINTS

A. RECEIVING COMPLAINTS

1.Anyone experiencing harassment should immediately make it clear to the person responsible that such behaviour is unwanted and unacceptable.

2.Should the unacceptable behaviour continue it should be reported as soon as possible to the Principal or a Teacher.

3.The Chairperson of the Board of Trustees will be informed of any complaint made.

B. INVESTIGATING AND INTERVIEWING

1.Investigation is delegated to the Principal or his/her nominee by the Board of Trustees. Should the Principal be a party to the complaint the investigation will be conducted by the Chairperson of the B.O.T. or his/her nominee.

2.The complainant will be interviewed to establish the factual content of the allegations.

3.During the interview there will be a mature independent witness present, of the same gender as the complainant. Should the complainant be a pupil, then the pupil's parent(s) must be present.

4.Notes will be taken during the interview, recording the precise words and behaviour complained of, however embarrassing. The complainant may write it down if too embarrassed to speak. All present at the interview will sign these notes.

5.Should there be more than one complainant they must be interviewed separately.

6.The defendant will be asked to answer the allegation, the format of the interview and witnesses required being the same as that for the complainant. A resume of the complaint will be put to the defendant. An explanation of the school's policy and the Human Rights Commission Act will be given and made clear. It will also be made clear that

it is school policy to act upon the complaint.

7.It may be necessary to conduct further interviews with the complainant, defendant or witnesses. All will follow the above format.

MAKING A DECISION

1.A report will be submitted to the Board of Trustees accompanied by the signed notes and a recommendation of a course of action.

2.The Board of Trustees will make a decision on the assembled facts.

3.If the complaint is judged to be well founded the Board of Trustees has the following range of disciplinary measures at its disposal :

a.correction and counselling

b. if contravening the regulations of the NZ Teachers' Council, the Teacher's Council must be notified

c.warning and reprimand

c.suspension

d.dismissal

e.referral to Police and other agencies.

4.The decision will be final and will be communicated to both parties in writing.

5.In determining the appropriate disciplinary measure consideration will be given as to whether or not this is the first complaint, to the seriousness of the offence, to the length of service, to the job performance of the person concerned and in the case of a student to the effect the disciplinary measure may have on their schooling.

6.In reporting complaints to the Board of Trustees the Principal or his/her nominee may keep confidential the names of the complainant and defendant until the complaint has been upheld.

APPEALS PROCESS

1. Where either the complainant or defendant believe they need to appeal against either the outcome or the process the appeal shall be made known to the Chairperson and Principal.

2. If the appeal can be settled by the use of an approved intermediary such a person as is acceptable to all parties may be used to try and resolve the situation.

3. If the appeal is beyond the ability of the Board and Intermediary to settle then the appeal will be referred to the most appropriate agency. This could include: The NZEI, The NZ Teachers Council, The Employment Tribunal or the NZ Police.

Formulated: 1991