• Section 1 -  Purpose of Policy
• Section 2 - Application and Scope
• Section 3 - Policy Statement
• Section 4 - Sexual Harassment
• Section 5 - What Sexual Harassment is Not
• Section 6 - Sexual Harassment Prevention Strategies
• Section 7 - Reporting
• Section 8 - Responding to Incidents of Sexual Harassment
• Section 9 - Roles and Responsibilities
• Section 10 - Specific Requirements for DFAT Funded Activities
• General Measures
• Background Checks
• Risk Assessments
• Reporting
• Section 11 - APPENDIX A: Preventing Sexual Exploitation, Abuse and Harassment Code of Conduct (for DFAT Funded Activities)
• Preventing Sexual Exploitation, Abuse and harassment Policy Code of Conduct
• Section 12 - Definitions

Section 1 -  Purpose of Policy

(1) The purpose of this Policy is to:

1. promote a safe and respectful university community that is free from all forms of harassment, including Sexual harassment;
2. identify and describe the behaviours that do and do not constitute Sexual harassment;
3. describe the strategies that the University of Wollongong (UOW) has in place to prevent Sexual harassment;
4. outline the roles and responsibilities of Staff, Students and Affiliates relating to the prevention of Sexual harassment.

(2) This Policy is to be read in conjunction with UOW’s Sexual Harm Response Policy. The Sexual Harm Response Policy provides details of the support and guidance available to individuals involved in unwanted sexual behaviours (which includes Sexual harassment), outlines reporting options and UOW’s response to allegations of unwanted sexual behaviours by current Staff, Students or Affiliates.

(3) This Policy sets out further obligations and requirements specific to Department of Foreign Affairs and Trade-funded activities.

Section 2 - Application and Scope

(4) This Policy applies to staff, students and affiliates in any of the following circumstances:

1. in attendance on any UOW owned or occupied property or facility;
2. using UOW equipment or resources (eg communication technologies, vehicles, facilities);
3. in attendance at a UOW event, function or activity;
4. participating in any activity as a representative or Student of UOW (eg field trips, practicums, conferences, overseas student mobility programs, sporting trips, participation in UOW affiliated clubs community meetings etc);
5. carrying out functions in connection with a UOW-endorsed activity, including at places external to UOW premises (eg at a licensed premises, private residence, in the street);
6. outside of UOW where there is a significant or substantial connection to the employment at UOW;
7. other special circumstances relating to educational institutions, including participating in any activity or carrying out functions in connection with their position at UOW where they come into contact with staff, students or affiliates of a separate educational institution.

(5) This Policy applies to any form of contact or communication which may include in person, online or via digital technologies.

(6) For activities funded by the Commonwealth Department of Foreign Affairs and Trade, the University is also required to comply with the Department of Foreign Affairs and Trade Preventing Sexual Exploitation, Abuse and Harassment Policy. See Section 10 of this Policy.

(7) For Department of Foreign Affairs and Trade-funded activities, this Policy also applies to University staff, students, volunteers, affiliates and downstream partners engaged in Department of Foreign Affairs and Trade-funded activities.

Section 3 - Policy Statement

(8) UOW is committed to promoting appropriate standards of conduct in order to provide a safe and respectful community free from all forms of harassment, including sexual harassment.

(9) UOW does not accept and will not tolerate the following behaviour:

1. sexual harassment or vexatious action, as described in this Policy;
2. behaviour which induces another person to carry out Sexual harassment or Vexatious Action;
3. Victimisation in relation to an individual’s involvement in incidents of Sexual harassment.

(10) All applicable persons must not engage in behaviour as described in clause 9.

(11) A breach of clause 10 may constitute misconduct pursuant to UOW codes, policies and procedures and be subject to disciplinary action.

Section 4 - Sexual Harassment

(12) Sexual harassment is as defined in this Policy.

(13) Examples of unwelcome behaviours that may constitute sexual harassment include (but are not limited to):

1. unwelcome touching, hugging, cornering or kissing;
2. inappropriate physical contact;
3. inappropriate staring or leering that makes a person feel intimidated;
4. sexual gestures, indecent exposure or inappropriate display of the body;
5. displaying, sending, requesting or threatening to share sexually explicit pictures, posters or gifts that make a person feel offended;
6. repeated or inappropriate invitations to go out on dates;
7. intrusive questions about a person’s private life or physical appearance that make a person feel offended;
8. sexually explicit comments made in person, via emails, SMS messages, social media or other electronic platforms or systems;
9. repeated or inappropriate advances on email, social networking websites or internet chat rooms;
10. comments or jokes of a sexual nature that make a person feel offended;
11. indecent phone calls, including someone leaving a sexually explicit message on voicemail or an answering machine;
12. requests or pressure for sex or other sexual acts;
13. any other unwelcome conduct of a sexual nature;
14. sexual humiliation, including acts of hazing;
15. stalking behaviours which include being followed, watched or someone loitering nearby;
16. insults or taunts of a sexual nature;
17. sharing/exposing persons to sexually explicit internet sites.

(14) Sexual harassment can be obvious or indirect, repeated or one off.

(15) Sexual harassment can be experienced by any individual or group regardless of their characteristics, including age, race, sexual orientation, gender identity, gender expression, intersex status, marital or relationship status, family or carer’s responsibilities, pregnancy, religion, political opinion, national extraction, social origin, disability or physical or mental disability.

(16) Sexual harassment may occur in instances where a person is not able to provide consent. For example, a student may find it difficult to refuse an advance from an academic supervisor out of fear of a potential impact on future results. In these circumstances, a perceived consensual relationship may be found to be sexual harassment.

(17) Some forms of sexual harassment may also constitute a criminal offence. Refer to the Sexual Harm Response Policy for further information.

(18) Sexual harassment is unlawful in employment, within the workplace and in educational institutions under the Anti-Discrimination Act 1977 and the Sex Discrimination Act 1984.

(19) Special circumstances relating to educational institutions include:

1. It is unlawful for Staff, Students or Affiliates to sexually harass other Staff, Students or Affiliates or people seeking to become Staff, or Student or Affiliate and they may be held liable under the Anti-Discrimination Act 1977 and the Sex Discrimination Act 1984.
2. Supervisors and managers may be held liable for Sexual harassment particularly if they fail to take appropriate action to prevent its occurrence or continuation in the circumstances as outlined in the Application and Scope section of this Policy.

Section 5 - What Sexual Harassment is Not

(20) Sexual harassment is not behaviour which is based on mutual attraction, friendship and respect. If the interaction is consensual, welcome and reciprocated it is not sexual harassment.

(21) The existence of close personal relationships between staff, students and affiliates may give rise to actual, potential or perceived conflicts of interest. Examples of circumstances that may indicate an actual, perceived or potential conflict of interest may include where:

1. one person is in a position to control or affect the career or other employment opportunity of the other; or
2. one person is in a position to control or affect the grades, course work or educational opportunity of the other.

(22) Where close personal relationships arise or exist, staff and affiliates are required to comply with the Conflict of Interest Policy and the Close Personal Relationships Policy. These relationships must be disclosed to UOW, so that any professional and study related aspects of the relationship are appropriately managed.

(23) Students are strongly encouraged to disclose close personal relationships to a senior staff member of a relevant faculty or division.

Section 6 - Sexual Harassment Prevention Strategies

(24) UOW is committed to education and awareness strategies to prevent sexual harassment from occurring. Examples of preventative strategies include:

1. providing training and awareness sessions via Staff induction programs and initiatives;
2. all Staff are required to complete EO Online Module One within six months of their appointment and every two years from then on. Completion of EO Online Module One is a condition of probation;
3. supervisors and managers are also required to complete EO Online Module Two;
4. all incoming Students are strongly encouraged to complete Consent Matters Module;
5. communication of this Policy via relevant UOW communication channels (such as Universe or email).

Section 7 - Reporting

(25) UOW strongly encourages the reporting of behaviour as described in Section 9 of this Policy.

(26) Staff and Affiliates have a responsibility to report to their manager, supervisor or appropriate specialist area, any behaviour as described in clause 9. The specialist area for staff-related matters is the Employment Relations Unit or a relevant Staff member in the People and Culture Division and can be contacted via employment-relations@uow.edu.au or on +61 2 4221 590.

(27) Students are strongly encouraged to report early concerns in relation to unwelcome sexual behaviour before it becomes a serious sexual harassment complaint. Concerns may be reported via:

1. UOW’s Safe and Respectful Communities team via uow-sarc@uow.edu.au or on +61 2 4221 3344.
2. UOW’s online portal at https://www.uow.edu.au/about/governance/complaints-management/ for electronic lodgement.
3. UOW’s Complaints Management Centre via email at uow-complaints@uow.edu.au or on +61 2 4221 5170.

Section 8 - Responding to Incidents of Sexual Harassment

(28) Incidents of sexual harassment will be responded to in accordance UOW’s Sexual Harm Response Policy.

(29) Supervisors and Managers have an obligation to take appropriate action to prevent the occurrence or continuation of any behaviour as described in clause 9. Refer to the Roles and Responsibilities section for further information.

Section 9 - Roles and Responsibilities

(30) UOW has a legal responsibility to prevent sexual harassment and can be held liable for the behaviour of its employees.

(31) All Staff and Affiliates are responsible for:

1. complying with this Policy and other associated policies and legislation, where relevant;
2. reporting any behaviour described clause 9 to their manager, supervisor or specialist area.

(32) Senior Executives, Executive Deans, Associate Deans, Directors, Unit Heads, Managers and Supervisors are responsible for:

1. taking all reasonable steps to promote this Policy and the elimination of behaviour described in clause 9 of this Policy in the workplace;
2. modelling acceptable standards of conduct;
3. taking appropriate action to prevent the occurrence or continuation of behaviour described clause 9, as outlined in the Application and Scope section of this Policy;
4. treating all Sexual harassment matters seriously and taking immediate action to resolve the matter in accordance with UOW’s codes, policies and procedures;
5. engaging with the appropriate specialist area to obtain information and guidance. Where the matter may be particularly complex or serious, it is to be referred to the specialist area. Refer to section 7 for details of specialist areas.

(33) Employment Relations is responsible for investigating and responding to reports of sexual harassment that relate to Staff, in accordance with the Sexual Harm Response Policy.

(34) The Safe and Respectful Communities Team is responsible for investigating and responding to reports of sexual harassment that relate to Students in accordance with the Sexual Harm Response Policy.

(35) Students are responsible for complying with this Policy and other associated policies and legislation, where relevant.

(36) Department of Foreign Affairs and Trade-funded affiliates are responsible for complying with this Policy and the additional requirements as outlined in Section 10 of this Policy.

Section 10 - Specific Requirements for DFAT Funded Activities

General Measures

(37) All staff, students, affiliates and third parties engaged by a contractor or civil society organisation to perform any part of an activity funded by the Department of Foreign Affairs and Trade are responsible for complying with this Policy and the Department of Foreign Affairs and Trade Preventing Sexual Exploitation, Abuse and Harassment Policy, including undertaking PSEAH training.

(38) All University staff, students, affiliates, third parties partners and subcontractors who are engaged by a contractor and or civil society organisation to perform any part of an activity funded by the Department of Foreign Affairs and Trade must sign up to and abide by the University’s Preventing Sexual Exploitation, Abuse and harassment Code of Conduct set out at Appendix A of this Policy.

Background Checks

(39) For activities that are assessed as high risk, all staff, students, affiliates and third parties engaged by a contractor or civil society organisation to perform any part of an activity funded by the Department of Foreign Affairs and Trade (where the appropriate Preventing Sexual Exploitation, Abuse and Harassment minimum standards are applicable) are required to have the following recruitment and screening checks undertaken in accordance with the Department of Foreign Affairs and Trade Preventing Sexual Exploitation, Abuse and Harassment Policy:

1. Recent Criminal Record Check where possible;
2. Verbal Referee Check;
3. Documented request for an applicant to disclose whether they have been charged with SEAH related offences and their response.

(40) The Faculty, Division or Research Institute coordinating Department of Foreign Affairs and Trade-funded activity will ensure that the above checks are undertaken (in consultation with the Research Services Office or relevant Division) before the individual is permitted to commence their tasks.

(41) In the event that work is being undertaken in a jurisdiction where Criminal Records Checks are not available, a statutory declaration, or local legal equivalent, outlining efforts made to obtain a foreign police check, and disclosing any charges and spent convictions related to SEAH, may be accepted in lieu. For assistance with appropriate documentation, please contact the Office of General Counsel.

(42) Records of the requisite Criminal Records Checks and Verbal Referee Checks shall be retained by the Faculty or Research Institute coordinating Department of Foreign Affairs and Trade-funded activity and by the Research and Sustainable Futures portfolio and recorded by the People and Culture Division.

(43) No disqualified person or person with a criminal record will be retained in or allowed to commence Department of Foreign Affairs and Trade-funded activity.

Risk Assessments

(44) A SEAH specific risk assessment covering all activities funded by the Department of Foreign Affairs and Trade will be carried out that identifies the level of risk of SEAH occurring, and applies the PSEAH Minimum Standards commensurate with the level of risk identified. [Refer to the Department of Foreign Affairs and Trade Preventing Sexual Exploitation, Abuse and Harassment Policy for details of the PSEAH Minimum Standards and Guidance on assessing the risk]

(45) Prior to any overseas mobility program occurring, the Office of Global Student Mobility will coordinate with the relevant UOW Department or Faculty to undertake a risk assessment which includes evaluating the risk of SEAH occurring for the student mobility program. All risk assessments will be submitted through SafetyNET and approved by the appropriate WHS delegate.

Reporting

(46) All staff, students, affiliates and third parties engaged by a contractor or civil society organisation to perform any part of an activity funded by the Department of Foreign Affairs and Trade are responsible for reporting any suspected or alleged cases of SEAH or Department of Foreign Affairs and Trade Preventing Sexual Exploitation, Abuse and Harassment Policy noncompliance.

(47) Reports are to be submitted to UOW:

1. as per the UOW Sexual Harm Response Policy requirements;
2. the Office of Global Student Mobility if a SEAH incident occur involving an outbound student mobility program or student.

(48) Reports are to be submitted to to the Department of Foreign Affairs and Trade:

1. In accordance with the Department of Foreign Affairs and Trade Preventing Sexual Exploitation, Abuse and Harassment Policy 

Section 11 - APPENDIX A: Preventing Sexual Exploitation, Abuse and Harassment Code of Conduct (for DFAT Funded Activities)

(49) To be signed and complied with by University staff, students, affiliates, third parties partners and subcontractors who are engaged by a contractor and or civil society organisation to perform any part of an activity funded by the Department of Foreign Affairs and Trade.

Preventing Sexual Exploitation, Abuse and harassment Policy Code of Conduct

1. treat all people with respect;
2. not use language or behaviour towards people that is inappropriate, harassing, abusive, sexually provocative, demeaning or culturally inappropriate;
3. be aware of behaviour and avoid actions or behaviours that could be perceived by others as Sexual Exploitation, Abuse and harassment (SEAH);
4. not engage children (persons under the age of 18) in any form of sexual intercourse or sexual activity, including paying for sexual services or acts, regardless of the age of majority or consent locally (see UOW Child Protection Policy);
5. not engage in transactional sex, defined as the exchange of money, employment, goods or services for sex, including sexual favours, or other forms of humiliating, degrading or exploitative behaviour;
6. not engage in fraternisation, that is, any relationship occurring in the course of Department of Foreign Affairs and Trade-funded activities that involves, or appears to involve, partiality, preferential treatment or improper use of rank or position, that may include voluntary sexual behaviour; immediately report concerns or allegations of SEAH or Department of Foreign Affairs and Trade Preventing Sexual Exploitation, Abuse and Harassment Policy non-compliance in accordance with appropriate procedures;
7. immediately disclose all charges, convictions and other outcomes of an offence, which occurred before or occurs during my association with the University of Wollongong that relate to SEAH;
8. otherwise comply with all requirements of the University of Wollongong’s Sexual Harassment Prevention Policy and the University of Wollongong’s Sexual Harm Response Policy.