SEXUAL HARASSMENT POLICY

Purpose

Sexual harassment "takes away from the employee equal employment opportunities, by creating a working environment in which that employee's ability to perform is impaired." (Section 15 of the Human Rights Commission Act)

Likewise, sexual harassment of parents, Board members and pupils infringes their rights and impairs the pupils' ability to learn.

Sexual harassment is not acceptable in the school, and the Principal and/or the Board of Trustees must consider complaints of sexual harassment sensitively and seriously, and ensure that the parties concerned are not subject to victimisation.

PROCEDURES:

1. In the event of sexual harassment, the complainant may approach any staff or Board member.

2. The case should be documented by the complainant with the assistance of the supporting person or persons.

3. Complaints should be discussed at a Board meeting in commit-tee or a subcommittee of the Board, also in committee, where appropriate action can be agreed upon and implemented.

4. If it is decided that further action should be taken, the accused should be informed, and a decision made to lay a complaint through one of the following avenues:

a) the Principal and/or the Board of Trustees

b) personal grievance through an industrial advocate or NZEI Field Officer

c) as per the provisions of the Collective Employment Contracts for Primary Teachers, and Primary Assistant and Deputy Principals and Gl,G2 and G3 Principals.

d) Human Rights Commission

GUIDELINES:

Sexual harassment in the school occurs if any member of the school community

a) makes a request for sexual intercourse, sexual contact, or other form of sexual

b) activity which:

c) implies or overtly promises preferential treatment in the school;

d) implies or overtly threatens detrimental treatment in the school;

e) implies or overtly threatens the present or future status of another person by the written or spoken word of a sexual nature; or physical behaviour of a sexual nature

Procedures for providing guidance and counselling for students and reporting sexual harassment;

SELF-HELP

If an act of sexual harassment occurs, the complainant immediately makes it clear to the offending person that their behaviour is unacceptable and offensive. This may be done alone or with support.

INFORMAL INTERVENTION

If self-help is not possible, or the behaviour persists, the complainant approaches the Principal, member of the Management Team or Board Chairperson.

The person approached must:

(a) Let the harasser(s) know about and give an explanation to any allegations

(b) Involve all parties in a decision of a working solution

(c) Check independently with all parties regarding the solution

(d) Monitor progress to ensure that the solution is working for all.

FORMAL COMPLAINT

If neither self-help nor informal intervention has worked, a formal complaint is made and appropriate disciplinary action is taken.

Staff and members of the school community may seek support from the school and or Board in formalising their complaint.

Pupils will have support and assistance in formalising a complaint of this nature

Note:

The Victim:

Will be advised to seek appropriate support to assist them in coping with the trauma of the action/s against them.

The school may consider in some cases to coordinate the appropriate support if deemed necessary.

Every endeavour will be made to involve the victim in all aspects of the procedures to ensure that they feel valued, heard and supported.

It is recognised that further assistance may be required intermittently over a substantial period of time.

The Offender:

Will be advised to seek appropriate support to assist them in eliminating these behaviours.

The school may consider in some cases to coordinate the appropriate support, if deemed necessary in the best interests of either the victim or the offender.

Reviewed 26 Nov 2003