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Equal Opportunity: Information and Resolution Services
Discrimination, Sexual Harassment and Vilification: What you can do
Monash University is committed to providing an environment free from Discrimination, Sexual Harassment and Vilification for all staff and students.
Discrimination*
There are two kinds of discrimination.
- Direct Discrimination is treating or proposing to treat a person less favourably than another person on the basis of one of the protected grounds as listed below.
- Indirect Discrimination occurs when there is a requirement, condition or practice which has a disproportionately negative impact on a person or group of people on the basis of a protected ground and the requirement, condition or practice is not reasonable in the circumstances.
All forms of direct and indirect discrimination on the grounds listed below are unlawful.
- race, colour, national or ethnic origin, nationality,
- sex or gender, sexual orientation, lawful sexual activity,
- marital status, pregnancy or potential pregnancy, breastfeeding, status as a parent or carer,
- religious or political belief or activity, industrial activity,
- age, physical features,
- employment activity (meaning a request for information about or expression of concern about the provision of employment entitlements);
- disability, medical record,
- personal association with a person who is identified by reference to any of these attributes, or
- on any other ground which the Council on the advice of the Equal Opportunity Committee shall after due consideration determine to be a basis of discriminatory practice.
Unlawful discrimination in Education covers students who, based on these grounds, experience disadvantage as a result of the actions or omissions of staff or by the policies of the University.
Unlawful discrimination in Employment covers actions or omissions by the University or its staff which disadvantage a job applicant or member of staff in their application or employment on the basis of a protected attribute. It can also include an unreasonable refusal to accommodate parenting or caring responsibilities.
Sexual Harassment
All sexual conduct whether verbal physical or electronically communicated may constitute sexual harassment if it is UNWELCOME and could reasonably be expected to make someone else feel offended, humiliated or intimidated.
Sexual harassment might occur as a single incident or a series of incidents and may include:
- personally offensive comments;
- sexual or smutty jokes;
- comments or teasing about a person's alleged sexual activities or private life;
- persistent unwelcome invitation/s, telephone calls or emails on campus or at home;
- being followed home from campus;
- offensive hand or body gestures;
- physical contact such as patting, pinching, touching or putting an arm around another person;
- the display of sexually-suggestive material;
- unwanted declarations of affection;
- sexual assault and rape; and
- use of University computer systems for the retention and distribution of sexually explicit material.
Who might experience sexual harassment?
Sexual harassment can occur between:
- peers - student to student or staff to staff
- from staff member to student or supervisor to employee
- from student to a staff member of employee to supervisor
- to or from a member of the public in the course of university business
Vilification
Conduct which incites hatred against, serious contempt for, or revulsion or severe ridicule of another person or class of person on the grounds of their race or religion.
What can you do if you witness discrimination, sexual harassment or vilification?
- SUPPORT PEOPLE FACING THE PROBLEM. Let them know you can see what is happening - just talking about it can help. Victims often interpret silence as condoning the behaviour. Encourage the victim to speak directly to the person concerned - you can offer to accompany her or him.
- SUPPORT PEOPLE IN SOLVING THE PROBLEM. Encourage the victim to see one of the Discrimination and Harassment Grievance Advisers. They are specially trained to deal with these issues. Advisers are there to help both students and staff and are available on all campuses.
- SPEAK UP. Make it clear that this behaviour is unacceptable. Be prepared to discuss discrimination, sexual harassment and vilification generally and voice your objection to such conduct.
What can you do if you experience discrimination, sexual harassment or vilification?
- SPEAK UP. If you feel uncomfortable tell the person concerned that you object to the behaviour and do not want it repeated.
- SEEK SUPPORT IN SOLVING THE PROBLEM. Discuss the situation in confidence with an Adviser who has been trained and selected specifically for this purpose.
- You could contact the Victorian Equal Opportunity and Human Rights Commission.
How can an adviser help?
An Adviser will:
Discrimination and Sexual Harassment Grievance Procedures
The Discrimination and Sexual Harassment Grievance Procedures have been established to support staff and students who may be dealing with any equal opportunity related issues issues.
They cover:
- Students and staff engaged in activities directly related to their studies or employment at Monash
- All forms of Direct and Indirect Discrimination on any grounds as listed in Monash University Global Equal Opportunity Policy
- Sexual Harassment which includes:
- leering, patting, pinching, touching
- persistent invitations for sexual favours or outings
- displays of offensive pictures, posters and graffiti
- dirty jokes, derogatory comments, offensive written messages or telephone calls
- groups of people ridiculing, leering, wolf whistling or making sexual comments to or about a person or group of people
- Racial or Religious VILIFICATION which may be the result of a single event or multiple events over a period, and includes the use of internet and e-mail to publish or transmit statements
- VICTIMISATION which includes any unfavourable treatment of a person who has been involved in a discrimination, sexual harassment or vilification complaint
Is your behaviour likely to cause offence?
Sexual harassment and some forms of discrimination are often unintended. If you are not sure about your behaviour you can:
- check it out by asking if it is offensive or inappropriate
- stop it
- apologise
- talk it over with an Adviser or someone who has an understanding of the issues
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