This policy addresses discrimination against and harassment of students.

Policy Statement

Schools and colleges will have in place practices which are designed to ensure that all students are protected from discrimination and harassment, and that claims of discrimination and harassment are dealt with speedily and constructively.

Rationale

This document supports the Equity in Schooling Policy (1995) and the Supportive School Communities Policy Framework (2003) which articulate the Department of Education’s commitment to providing fair and equitable access to the benefits of schooling for all young people. The Department of Education believes that in a civil society discrimination and harassment are unacceptable and, furthermore, that educational outcomes for students can be adversely affected by incidents of discrimination and harassment in schools. School staff have a responsibility to provide teaching and learning environments that are free from harassment and discrimination in all forms, including those based on race, ethnicity, gender, ability, disability, sexuality, physical characteristics or religion.

This policy is intended as a framework document, allowing schools the flexibility to accommodate local needs and circumstances. However, the policy directs that schools take responsibility for establishing mechanisms and procedures to actively counter discrimination and harassment. This recognises the devolution of management to the local level.

This Policy is further supported by a range of national and state legislation.

Definitions

1. Discrimination:

• refers to any behaviour or practice which reflects an assumption of superiority of one group over another;
• is behaviour which disadvantages people on the basis of their real or perceived membership of a particular group; and
• includes such behaviour as less favourable treatment, unfair exclusion, and asking discriminatory questions.

1.1 Direct discrimination takes place when a person treats another person, on the basis of an attribute or characteristic, less favourably than a person without that attribute or characteristic. These attributes or characteristics could include gender, marital status, pregnancy, parental status, family responsibilities, sexuality, ethnicity, age, disability or physical characteristics.

1.2 Indirect discrimination takes place when a person imposes a condition, requirement or practice which is unreasonable or disadvantages a member of a group who shares or is believed to share an attribute on the basis of gender, marital status, pregnancy, parental status, family responsibilities, sexuality, ethnicity, age, disability or physical characteristics. Indirect discrimination can also occur when groups or individuals are treated as being the same, although they are different. By not taking differences into account, one group or individual might benefit at the expense of the others.

2. Harassment:

• is the exertion of power by one person over another, which often presents as bullying behaviour;
• involves physical, verbal or psychological behaviour which makes another person feel embarrassed, offended, upset, devalued, degraded, afraid, frustrated or angry;
• includes insulting, demeaning, humiliating, offensive, vilifying or intimidatory behaviour or behaviour which incites hatred;
• includes a wide range of conduct that causes another person to feel offended, humiliated, insulted or ridiculed;
• is behaviour which is unwelcome, unreciprocated, uninvited and usually repeated;
• may cause damaging stereotypes to be maintained;
• is a breach of proper standards of conduct and professional behaviour; and
• may be based on misunderstanding or be a deliberate act based on a subjective perspective.

Goal

It is intended that schools and colleges will provide supportive environments which are free from discriminatory practices and harassment and which promote personal respect and physical and emotional safety.

Requirements

To achieve that goal the following strategies will be required:

1. Schools and colleges will develop whole-school approaches to implement this policy. The wider school community – teachers, administrative and support staff, students, parents and interested community representatives – will be included in the consultation process.
2. Schools and colleges will develop strategies to investigate and attempt to resolve alleged incidents of discrimination or harassment. Every student and staff member will be familiar with these strategies. All reports and allegations will be taken seriously in the investigation of incidents and resolution of conflicts.
3. The strategies developed by schools and colleges will be monitored continuously and reviewed regularly.
4. Schools and colleges will provide professional development to meet the needs of their staff in implementing this policy.

Responsibilities

Learning Services General Managers will be responsible for:

• promoting this policy in the context of the Learning Service;
• ensuring that policy requirements are met in schools and colleges;
• providing a mechanism for resolution of any disagreement or conflict in relation to discrimination and harassment which cannot be resolved at the school level; and
• referring any unresolved conflict at branch level to the Deputy Secretary for advice.

Principals will be responsible for:

• implementing this policy within their school;
• being aware of the legislative requirements relating to discrimination and harassment;
• ensuring that the preparation and review of school-based plans and grievance procedures involve consultation with all groups within the school community and include the range of discriminatory behaviours;
• ensuring that students, staff and school community members are familiar with the school’s approach, and understand their rights and responsibilities in relation to it;
• promoting this policy within the school, with particular regard to the professional development needs of teachers;
• monitoring the school’s plans to counter discrimination and harassment, including documenting reported grievances, and initiating reviews of the approaches at regular intervals;
• ensuring sensitivity and confidentiality, and the protection of the rights of all individuals; and
• practising non-discriminatory behaviours.

Teachers will be responsible for:

• ensuring that curriculum content and teaching practices are congruent with and support this policy;
• helping students to develop competencies to challenge discriminatory attitudes and behaviours in themselves and others;
• being aware of the legislative requirements relating to discrimination and harassment;
• ensuring that claims of discrimination and harassment are speedily and constructively addressed according to school-based strategies; and
• practising non-discriminatory behaviours.

Students will be responsible for:

• understanding and practising their rights and respecting the rights of others to be free from discrimination and harassment; and
• being aware of and using the appropriate procedures for reporting incidents of discrimination or harassment.

Learning Services will be responsible for:

• providing advice and support materials for the enactment of this policy;
• assisting with professional development.