• Section 1 - Purpose of Policy
• Section 2 - Application and Scope
• Section 3 - Policy Principles
• Section 4 - Policy Statement
• Section 5 - Legal Obligations
• Section 6 - What is Racism?
• Discrimination
• Racism
• Types of Racism
• Section 7 - Responding to Racism
• Section 8 - Roles and Responsibilities
• Section 9 - Record Keeping
• Section 10 - Definitions

Section 1 - Purpose of Policy

(1) The purpose of this Policy is to increase the University community’s understanding of racism and formalise the University’s commitment to providing an environment that is culturally inclusive and free from racial discrimination and harassment. To that end, this Policy outlines and provides a general guide on:

1. what does and does not constitute racism;
2. the strategies the University has in place to prevent racism, vilification and discrimination;
3. the steps that should be taken should racism occur; and
4. the roles and responsibilities of the University community in respect to racism.

Section 2 - Application and Scope

(2) This Policy applies to the University community and should be read in addition to the Code of Conduct and Student Conduct Rules. For the purposes of this Policy, the ‘University community’ comprises of staff, students, and affiliates:

1. on University campuses and facilities within Australia;
2. at University owned, or operated student residences;
3. while using the University information and technology resources; including virtual spaces, social media and learning platforms;
4. anywhere, regardless of location, that an activity is being undertaken that is organised, sponsored, supported or otherwise auspiced by the University. This includes but is not limited to research fieldwork, excursions or fieldtrips, work integrated learning, student placements, writing or research retreats, community events and graduation ceremonies;
5. anywhere, regardless of location, that staff, students or affiliates are representing the University. Examples include but are not limited to participation in conferences, think tanks, cross institution research projects, social events, student exchange programs, sporting competitions; and
6. anywhere, regardless of location or platform, that staff, students or affiliates are readily identifiable and associated with the University. This includes members of the University community whilst they are in public or on social media accounts that are managed or auspiced by the University and unrelated public or private accounts where there is an identifiable connection to UOW (refer UOW’s Social Media Policy). Considerations of identification and association include but are not limited to the individual’s public profile, the significance of their role or position within the University, the wearing of the University uniform or branded clothing, and the use of images associated with the University such as facilities, online backdrops, and templates.

(3) This Policy applies to University of Wollongong staff at the University’s international campuses.

(4) This policy relates to people external to the University, with whom students interact directly, as part of their study where it is reasonable to expect a duty of care; for example supervisors on student work placements and cross institutional research teams. The University will work with those work placement and institutions to ensure matters are investigated and take such precautions as are possible to prevent further incidents.

(5) This Policy does not otherwise cover members of the University community undertaking work or study placement in other organisations. In the event that an individual in these circumstances experiences racism that would otherwise fall under this Policy, the University will act as far as possible to protect its members. The University will work jointly with the other organisation to investigate the complaint and take such precautions as are possible to prevent further incidents.

Section 3 - Policy Principles

(6) The University recognises that all people have the right to be treated with respect and compassion; equally, all people have the responsibility to act with the same respect and compassion towards each other.

(7) As a global university, our teaching and research culture will foster and develop global citizens who can collaborate with people from all ethnic, cultural, and racial backgrounds to achieve success.

(8) Racism, as with other forms of discriminatory behaviour, thrives when it goes unaddressed. All members of the University community have a role to play in eliminating racism.

Section 4 - Policy Statement

(9) Racial discrimination, harassment or vilification of students, staff, affiliates or visitors will not be tolerated. The University rejects all forms of racism and is committed to its elimination by providing and supporting an environment that actively:

1. recognises and acknowledges Aboriginal and Torres Strait Islander peoples and their enduring and unceded sovereignty and enduring relationships with this land including;
   1. the Traditional Owners of the lands upon which the University campuses are situated;
   2. all Aboriginal and Torres Strait Islander people who work, study and visit the University.
2. embraces the diversity of staff and students from different races, which includes not only their background but also family, culture, history and beliefs;
3. ensures that teaching and research are culturally safe, respectful and inclusive of diverse perspectives, including but not limited to Aboriginal and Torres Strait Islander knowledges and experiences;
4. promotes respect and equitable treatment for all staff, students and others associated with the University;
5. raises awareness of the University community about respectful behaviours, obligations and responsibilities under this and related policies;
6. upholds the rights of all members of the University community to enjoy an experience with the University that is free from racism;
7. challenges all expressions of racism;
8. supports those affected by racism including the reporting and investigation of racism;
9. encourages all members of the University community to become active bystanders in relation to racism and discrimination;
10. identifies and addresses systemic and structural barriers or limitations to equitable access and full participation in activities of the University, including employment and education; and
11. is free from unlawful discrimination.

Section 5 - Legal Obligations

(10) This Policy supports the University’s compliance with the following legislation: Anti-Discrimination Act 1977 (NSW), Australian Human Rights Commission Act 1986 (Cth), and the Racial Discrimination Act 1975 (Cth).

(11) Under State and Commonwealth legislation, the University can be held vicariously liable for acts of racial discrimination, hatred or vilification inflicted on others by staff and, in some instances, by students.

Section 6 - What is Racism?

Discrimination

(12) Discrimination is the disadvantaging and / or less favourable treatment of an individual or group based on their personal characteristics such as race, colour, sex, sexual orientation, age, 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.

(13) Discrimination can be both direct and indirect.

(14) Direct discrimination involves treating, or proposing to treat, someone differently to others in the same or similar situations.

(15) Indirect discrimination occurs where a rule, requirement or condition is imposed on everyone equally but has an unfair or adverse impact on individuals and groups which share certain personal attributes. Indirect discrimination is identified where:

1. individuals with certain attributes have difficulty complying with the condition;
2. a higher proportion of individuals without the same attributes are able to comply with the condition; and
3. the condition, or consequence of failing to meet the condition, is not reasonable.

Racism

(16) The Australian Human Rights Commission describes racism as:

(17) Racism is the discrimination, subordination, restriction or exclusion of individuals and groups based on race. It impacts those who have relatively little social power and is perpetrated by those who have relatively more power. The power imbalance magnifies the impact of racial prejudice and discrimination resulting in the oppression, disadvantage and restriction of the rights of those individuals and groups that are targeted.

(18) Racism is generally an experience of minority and marginalised groups in societies affected or underpinned by a discriminatory social structure. It can also be experienced within and between these groups.

(19) Racism may be generalised or directed towards specific groups and the individuals, symbols or markers representative of that group.

(20) Racism is not constrained to dominant roles, power relationships or other hierarchies such as age and seniority of position. For example, a tutor or lecturer is just as susceptible to racism from a student as a student is from a tutor or lecturer. Similarly, a senior staff member may experience racism from a junior staff member, or vice versa.

(21) Racism can be compounded by intersectionality where a combination of different aspects of a person’s identity can expose them to overlapping forms of discrimination and marginalisation.

(22) Racism and other forms of discrimination can lead to cumulative trauma for the individual or group.

(23) As with other forms of discrimination, racism can be overt or covert, and intentional or unintentional. The intention behind an idea, act or behaviour does not determine whether or not something is racist. It is never appropriate for someone from the dominant social group to deny an individual’s experience of racism.

(24) There is no such thing as reverse racism. Racism operates within power structures and imbalances which privilege the dominant social group regardless of socioeconomic status or experience. Because it is systemic in nature, dominant groups can benefit from this privilege without even being aware of it. This privilege, known in Australia as white privilege, reproduces and sustains racism.

(25) Racism is not:

1. the provision of services and programs that would otherwise be considered affirmative action or ‘special measures’ under the Racial Discrimination Act 1975 (Cth);
2. being denied access to equity or culturally targeted services and programs;
3. being denied access to events that are not otherwise open to the public e.g. closed events whether or not they are cultural in focus;
4. a feeling of discomfort associated with the realisation of one’s own privilege or having that privilege identified by others. Recognising privilege is an important step in eliminating racism; or
5. the management of addressing of inappropriate personal or professional matters with the workplace setting.

Types of Racism

Interpersonal Racism

(26) Interpersonal racism involves specific acts of racist behaviour by individuals or groups. These acts can include any language or action which are:

1. Racist in nature; and
2. Offensive, degrading, intimidating or embarrassing.

(27) Interpersonal racism is not always directed at a specific person, similarly the individual or a member of the targeted group does not need to be present for an act of racism to occur.

Racial Hatred and Vilification

(28) Racial hatred and racial vilification are public acts of racism that are deemed unlawful within Commonwealth and State Legislation.

(29) Offensive behaviour based on racial hatred is referred to in the Racial Discrimination Act 1975 (Cth) as public acts that are reasonably likely, in all the circumstances, to offend, insult, humiliate or intimidate another person or group of people because of their race, colour or national or ethnic origin. These acts include communicating words, sounds, images or writing to the public, in a public place, or in the sight or hearing of people who are in a public place.

(30) Racial vilification is referred to in the Anti-Discrimination Act 1977 (NSW) as public acts that incite hatred towards, serious contempt for, or severe ridicule of, a person or group of persons on the ground of the race of the person or members of the group.

(31) A public act that threatens or incites violence towards an individual or a group of people on the basis of race is a criminal offence and will be referred to the Police.

Microaggressions

(32) Microaggressions are casual expressions of racism that occur in everyday contexts and interactions. They can be verbal, behavioural, or environmental, such as the naming of buildings exclusively after white people or displaying statues of historical figures such as colonisers, slave owners and racists.

(33) Microaggressions are generally indirect and may be so subtle that they are not visible to everyone, particularly to those with no lived experience of discrimination or racism, however they have a cumulative effect on individuals.

(34) Microaggressions typically take three forms:

(35) Microassaults generally refers to behaviour that is deliberately discriminatory however offense may be unintentional or dismissed e.g. telling racist jokes, ‘I’m not racist but…’

(36) Microinsults involve racist comments, offhand remarks and behaviours e.g. compliments that have a discriminatory undertone or convey racist assumptions, perpetuation of stereotypes about racial or cultural groups, not acknowledging individuals based on colour or religion, appropriation of terms and culture.

(37) Microinvalidations are generally unintentional comments and behaviours that exclude, undermine, or deny racialized experiences e.g. claims of oversensitivity, denial of one’s own racism and privilege, looking for the targeted group to absolve or make you feel better, denying the experience and impact of historic and ongoing events such as the Holocaust or colonisation.

(38) Adopting a culturally safe agenda requires that we all reflect on our cultural identities and actions to ensure that we actively contribute to environments and interactions that are safe and respectful to all parties. This includes developing an awareness of our own prejudices and the potential for these to manifest as microaggressions.

Institutional Racism

(39) Institutional racism refers to the way that institutions and organisations discriminate directly or indirectly, intentionally or unintentionally, through their structures and the policies and practices that inform their operations. This results in the reproduction and maintenance of privilege and power dynamics. The omission or exclusion of relevant knowledges and ceremonial commitments, responsibilities and customary obligations is also a form of institutional racism.

Systemic Racism

(40) Systemic racism is often so entrenched in our societies that it is perceived as normal. It refers to the way that the cultural norms, laws, ideologies, policies and practices of a particular society result in unequitable treatment, opportunities and outcomes based on race.

Lateral Violence

(41) Lateral violence occurs within disadvantaged, oppressed and marginalised groups as a result of complex historical, cultural, and social factors. It involves the displacement of anger and violence towards other members of the group rather than towards the systems and societies that oppress them. Behaviours include but are not limited to:

1. gossiping, backstabbing and bullying;
2. aggression, intimidation and open conflict;
3. social exclusion and isolation;
4. publicly challenging, undermining or otherwise censoring identity and lived experience; and
5. undermining cultural capital and reputation for example, through public claims of cultural inappropriateness.

(42) Lateral violence can be perpetrated by an individual or a group. While it is generally internalised within a group, other individuals can be complicit in the behaviour. Identity and cultural censorship in particular can involve the vicarious recruitment of individuals who are not from the in-group. This can happen directly, through the perpetuation of claims, or indirectly, through the creation of culturally unsafe and unmoderated spaces where these occur or the absence of active bystanders.

(43) It is not racist to question or hold any person accountable for behaviour that would be considered unacceptable, unethical or inappropriate if undertaken by any other person, particularly of the same group.

Section 7 - Responding to Racism

(44) The University and the University community have a responsibility to take all reasonably practicable steps to prevent racism. This includes the identification and eradication of racist behaviours, degree content, teaching and research practices.

(45) The University recognises that, because of the role of power dynamics within racism and other forms of discrimination, those experiencing racism directly may not feel safe or otherwise able to address it directly. Individuals who believe that they have witnessed racism are encouraged to become active bystanders. This includes:

1. calling out racism;
2. supporting the victim;
3. collecting evidence; and
4. reporting the incident.

(46) Individuals who have experienced or witnessed racism are supported and encouraged, but not compelled, to raise concerns with the individual(s) exhibiting the behaviour, identifying the offensive behaviour and requesting that this stop.

(47) Individuals should only take this step so long as they feel that it is safe to do so. Safety in this respect refers to physical, emotional and cultural safety.

(48) Confidential support is available for individuals who wish to take this step.

(49) Where the person who has experienced or witnessed an act of racism is not comfortable speaking to the person exhibiting the offensive behaviour or the division responsible, or the request(s) to stop is ineffective, they should seek guidance from or report the matter to the:

1. Supervisor / Manager / Head of School / Director;
2. Associate Deans Equity, Diversity and Inclusion / School-level Equity, Diversity and Inclusion Leader;
3. Executive Director, Global Strategy Division;
4. Subject Coordinator / Academic Program Director / Head of Students;
5. Principal Investigator or Project Manager;
6. Safe and Respectful Communities Team (SARC);
7. Indigenous Strategy Unit / Woolyungah Indigenous Centre;
8. People and Culture Business Partnering and Recruitment(Workforce Diversity Team, People and Culture Business Partners, Aboriginal Employment Strategy Advisor);
9. Security;
10. Forging United Safe Environment (FUSE) Network; or
11. Student Placement Coordinator.

(50) Concerns regarding institutional racism can be raised through the above channels.

(51) Complaints from staff, students, affiliates and visitors or community members can also be lodged through the Complaints Management Centre. The Complaints Management Centre also allows for anonymous complaints of racism to be raised.

(52) Those affected by racism have the right, should they choose, to:

1. consent, or withdraw their consent, to the formalisation of a complaint or conduct investigation under the relevant policies;
2. be actively consulted in determining possible ways of mitigating the impact or managing their exposure to racism. This is particularly in relation to decisions made about any interim or temporary arrangements, mediation processes, and relocation or allocation of staff to diffuse the situation; and
3. request, at any point in time, that the investigation and remediation process include appropriate consideration for and representation of their culture, knowledges, and diversity of experience.

(53) Victimisation of any of the parties involved in an incident of racism, including harassment or coercion not to report and incident, will not be tolerated. This includes the targeted individual or group, those present and those supporting the targeted individual. Parties involved in such behaviour are in breach of this Policy and will be investigated accordingly.

(54) The person who receives the report of alleged racism or victimisation will investigate the matter in accordance with the Complaints Management Policy and Procedure for Investigating Grievances.

(55) Experiences of racism when on student placements should be referred back to the University supervisor of said placement to work with the host organisation to identify and address the behaviours and ensure the safety and well-being of the student.

(56) Experiences of racism where students or staff are undertaking an activity that is organised, sponsored, supported or otherwise auspiced by the University should be referred to the organising or supervising staff member. This includes incidents of racism that are either experienced or perpetrated by a member of the University community.

(57) Experiences of racism relating to participants, groups and community associated with research projects should be referred back to the Human Research Ethics Committee to identify and address any issues with the Principal Investigator. Where ethics approval originates from outside the University, the relevant Human Research Ethics Committee should be advised.

(58) Experiences of racism when staff are working collaboratively across institutions should be reported regardless of where they originate from (internal or external) or who they impact (University staff, members of partner organisations, community). Reports should be directed to the Principal Investigator or Project Manager. Where this role is held outside the University, one of the reporting lines listed above at (4) should also be made aware to provide support and manage the incident on behalf of the University.

(59) Individuals receiving and responding to reports of lateral violence are encouraged to contact the Indigenous Strategy, Safe and Respectful Communities Team, People and Culture Business Partners, Aboriginal Employment Strategy Advisor and Complaints Management Centrefor appropriate advice and guidance.

(60) Following a formal investigation, if a case of racism or victimisation is upheld, an appropriate outcome may be determined under the relevant policies.

(61) Following a formal investigation, if a complaint or report is found to be vexatious, further action against the reporter may be taken under the relevant policies and procedures.

(62) The University may direct staff to undertake relevant professional development in order to address the recurring attitudes and behaviours.

(63) Any public act that threatens or incites violence towards an individual or a group of people on the basis of race will be referred directly to security in the first instance to address any immediate threat. Racial hatred and racial vilification are deemed unlawful under Commonwealth and State Legislation and will be referred to police. These actions will be taken irrespective of the individual’s role or status as staff, student, affiliate or visitor.

(64) Incidents of racism including investigation outcomes and interventions will be deidentified and reported as a standing agenda item at the Faculty and Divisional level so that systemic issues are identified and addressed.

(65) Prevalence of racism, and strategies to address or prevent incidents, are to be reported to the relevant University governance bodies e.g. the University Council, University Leadership Group, People and Culture Committee, Academic Senate, Risk, Audit and Compliance Committee, and the Committee for Equity, Diversity and Inclusion. Reports will also be provided to relevant stakeholder groups including but not limited to the Community Engagement Reference Group and theAboriginal Workforce Development Group.

Section 8 - Roles and Responsibilities

(66) The University will take all reasonable and practicable steps to prevent and address racism under the scope of this Policy. These include:

1. leading by example in the promotion of cultural safety, anti-racism, and elimination of racist behaviour, degree content, teaching and research practices, under the scope of this Policy;
2. ensuring that staff, students, affiliates and visitors are made aware of what constitutes culturally safe and acceptable standards of behaviour within the University and the University’s rejection of racism;
3. promoting and supporting active bystanders;
4. providing professional development, education, training and promotional campaigns for the University community, including but not limited to an EO online and other anti-racism programs for all staff and awareness campaign for ethnic minority and international students
5. supporting those impacted by racism and taking all reasonable steps to protect them from any further incidents under the scope of this Policy;
6. supporting the reporting and identification of all forms of racism within the University;
7. taking all reasonable and practicable steps to prevent and address all forms of racism within the University;
8. taking all complaints seriously, whether formalised or not, and dealing with complaints sensitively and promptly;
9. providing information and updates for all parties impacted; and
10. dealing with vexatious or malicious claims.

(67) All members of the University community have a responsibility to uphold and act in accordance with principles promoting cultural safety and anti-racism, including:

1. educating themselves in the appropriate standards of behaviour expected of them and complying with relevant policies and contractual obligations with regard to respectful behaviour;
2. creating an inclusive and safe University environment, where diversity is valued and unlawful discrimination, bullying, and harassment are not tolerated;
3. behaving in a respectful way;
4. avoiding negatively impacting the safety and wellbeing of any other person through any act of racism or discrimination;
5. identifying and bringing attention to instances of racism; and
6. following instructions of those with a designated duty of care to respond to or deal with incidents of eg Security.

(68) In addition to the above, all staff have a responsibility to:

1. comply with the University Code of Conduct and all relevant policies;
2. undertake online anti-racism training during onboarding;
3. offer support to anyone who claims that they are experiencing racism and provide information on where they can get help and advice;
4. ensure that academic course design, curriculum content, teaching methodologies, and the student experience are culturally safe, respectful, and inclusive of diverse perspectives, knowledges and experiences;
5. ensure that research design, delivery and dissemination are culturally safe, respectful, and inclusive

(69) Where a staff member is also a student, they are recognised as a staff member under this Policy and are required to adhere to the responsibilities of a staff member listed within this Policy.

(70) All staff with a supervisory role, such as:

1. Executive staff, Directors and Managers;
2. Academic Program Directors, Head of Students, Subject Coordinators, teaching academics and supervisors;
3. Academic and professional staff responsible for managing student placements; and
4. Principal Investigator of research teams, including where the team is multi-disciplinary.
   
   have additional responsibilities and are accountable for:
   1. undertaking relevant professional development including EO online every 2 years;
   2. ensuring that their work and/or teaching environments are culturally inclusive and free from racial discrimination and harassment;
   3. supporting and encouraging staff and students to develop cross-cultural competence through appropriate development opportunities and resources;
   4. monitoring and ensuring that appropriate conduct and practices are modelled and observed at all times in their work and/or teaching environments;
   5. taking appropriate action if they observe or receive a report of racism or vilification as outlined in this Policy;
   6. supporting staff, students, affiliates and visitors in identifying and reporting incidents of racism;
   7. treating all reports or complaints of racism seriously and confidentially;
   8. taking immediate action to refer the staff member, student or affiliate to the relevant policy and procedures;
   9. investigating allegations of racism, making recommendations and supporting the resolution of the matter;
   10. providing information and feedback to the complainant or the individual(s) affected by racism;
   11. reporting all incidents of racism and responses to the Complaints Management Centre or Safe and Respectful Communities Team (SARC) for reporting purposes; and
   12. escalating any incident which fits the definition of racial hatred or vilification.

(71) Staff who have supervisory responsibilities will be held vicariously liable by the University for any inaction or failure to take reasonable steps to address racism once an issue has been raised, whether or not this constitutes a formal complaint. Failure to deal appropriately with an act of racism constitutes a breach of this Policy. Examples include but are not limited to:

1. failure to take action if they observe or are otherwise made aware of an incident or issue involving racism;
2. failure to support an individual who has experienced racism including denying the experience or any attempt to coerce or compel the individual to not report the incident; and
3. failure to escalate incidents of racial hatred or vilification through formal complaints processes.

(72) Specialist Units have responsibilities specific to their roles and standard operating procedures. These units include but are not limited to:

1. Security;
2. Complaints Management Centre;
3. Safe and Respectful Communities Team; and
4. People and Culture Business Partnering and Recruitment

(73) Staff of specialist units must take all reasonably practicable steps to address incidents and impacts of racism in a timely manner. Staff are expected to take action, particularly where it is within the scope of their role and where it is safe to do so. Examples include but are not limited to:

1. Security removing any staff member, student, affiliate or visitor to the campus where that individual is committing an act of racial hatred or vilification, and reporting the matter to police;
2. Infrastructure and Property Division staff removing any graffiti or racist material displayed on or in University buildings;
3. Information Management and Technology Services (IMTS) removing or blocking any racist material from University platforms; and
4. Complaints Management Centre providing advice to complainant.

(74) Failure to take reasonably practicable action constitutes a breach of this Policy. Reasonably practicable or appropriate action in this context refers to any action that is:

1. reasonably expected or understood to be within the scope of the individual or Unit’s role;
2. provided in a timely manner in relation to the severity and the impact of the incident and the likelihood of ongoing harm; and
3. undertaken in a way that ensures the safety of all parties involved.

(75) In addition to the previously outlined responsibilities for the University community, students are also required to comply with relevant policies such as:

1. the Student Charter;and
2. the Student Code of Conduct.

Section 9 - Record Keeping

(76) Records and documents created in the course of investigating incidents of racism should be stored and retained in accordance with UOW Records Management Policy, the State Records Act 1998, and the General Retention and Disposal Authorities GDA23 and GDA28.All parties involved in the grievance are obliged to keep records and documents in-line with preserving confidentiality and respecting privacy in accordance with the University Code of Conduct, Privacy Policy and other relevant privacy legislation

Section 10 - Definitions