Equal Opportunity On Line Training Module 2: Sexual Harassment & The law

What Actions Constitute Sexual Harassment?

Examples of Sexual Harassment

• uninvited touching
• uninvited kisses or embraces
• smutty jokes or comments
• making promises or threats in return for sexual favours
• displays of sexually graphic material including posters, pin-ups, cartoons, graffiti or messages on notice boards, lockers, desks, computer screens
• sexual insults or taunting
• repeated invitations to go out especially after being refused previously
• flashing or sexual gestures
• sex-based insults, taunts, teasing or name-calling
• staring or leering at a person or at parts of their body
• unwelcome physical contact such as massaging a person without invitation or deliberately brushing up against them

Offensive and pornographic materials sent via email or text messages or stored on computers also constitute a form of sexual harassment. All are strictly prohibited at Monash University.

A single incident of sexual harassment is enough to constitute an offence.

Some types of harassment can be offences under the Criminal Law and should be taken to the police. They include:

• physical molestation or assault
• indecent exposure
• sexual assault
• stalking
• obscene communications (phone calls, letters, etc.)

An employer may be liable for a worker's behaviour outside work hours if the activity is connected with employment (for example staff Christmas parties, conferences or seminars.)

What Is NOT Sexual Harassment?

Flirting, attraction, sexual interaction or friendship that is invited, consensual and reciprocated and conducted in private or in a way that would not cause offence to others would not constitute sexual harassment.

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