1. Purpose

1.1 The University recognises the right of all staff, visitors, and other members of the University community to a university environment free from bullying, discrimination and harassment and is committed to providing safe and inclusive campus communities.

1.2 The University has zero tolerance for bullying, discrimination and harassment and expects that all staff behave professionally, with respect for others in accordance with the Staff Code of Conduct - Governing Policy and relevant legislation.

2. Scope and application

2.1 This policy applies to all staff, contractors and visitors in circumstances where they are performing work, duties, or functions for the University, as well as related activities such as work-related functions, travel, conferences, and any circumstances where they are attending as a University staff member either on campus, in transit to/from campus, off campus, and in the digital environment.

2.2 For the purposes of this policy, staff means current employees and people representing the University, including visiting, honorary and adjunct academics, members of University Council, external members of University committees, and individuals acting in a voluntary capacity.

2.3 For information related to expected standards of student interactions and behaviours refer to the Sexual Assault, Sexual Harassment and Respectful Relationships (Students) - Operational Policy and the Sexual Assault, Sexual Harassment and Respectful Relationships (Students) - Procedures.

2.4 When reported behaviour does not have the requisite connection to the University as outline above, the University provides support and guidance about accessing relevant support services.

3. Definitions

3.1 Refer to the University’s Glossary of Terms for definitions as they specifically relate to policy documents.

Bullying is repeated and unreasonable behaviour, whether intentional or unintentional, directed towards an individual or a group that create a risk to health and safety.

Bullying at work is not a simple abuse of power from supervisors to subordinate employees: for example, staff or students can bully their supervisors, and bullying can occur between members of an ostensibly equal group. Bullying can be carried out in a variety of ways including through email and text messaging or social media channels.

It is possible for a person to be bullied, harassed and discriminated against at the same time.

Detailed below are examples of behaviours, whether intentional or unintentional, that may be regarded as bullying or work-related bullying if they are repeated, unreasonable and creates a risk to health and safety. This is not an exhaustive list – however, it does outline some of the more common types of behaviours. Examples include:

• abusive, insulting or offensive language or comments;
• unjustified criticism or complaints;
• deliberately excluding someone from the workplace or work and/or study-related activities;
• withholding information that is vital for effective work or study performance;
• setting unreasonable timelines or constantly changing deadlines;
• setting tasks that are unreasonably below or beyond a person’s skill level;
• denying access to information, supervision, consultation or resources to the detriment of a worker or student;
• spreading misinformation or malicious rumours;
• changing work arrangements to deliberately inconvenience a particular worker or workers.

Bullying does not include reasonable management action that is carried out in a reasonable manner.

Discrimination means discrimination that is unlawful under any anti‑discrimination law in force in a place where the conduct occurs. Discrimination in the Anti-Discrimination Act 1991 (Qld) means to treat or propose to treat another person less favourably because they have an attribute protected in that Act, or to impose or propose to impose unreasonable terms or conditions with which a person with a protected attribute is unable to comply.

Attributes that are protected under anti-discrimination laws include:

• sex;
• relationship status;
• pregnancy or potential pregnancy;
• parental status;
• breastfeeding;
• age;
• race;
• impairment;
• religious belief or activity;
• political belief or activity;
• trade union activity;
• sex work activity;
• gender identity;
• sexual orientation;
• sex characteristics;
• family responsibilities;
• association with, or relation to, a person identified on the basis of any of these attributes.

Unlawful workplace discrimination is also prohibited under the Fair Work Act 2009 (Cth), and it occurs when an employer takes adverse action against a person who is an employee or prospective employee because of the person’s race, colour, sex, sexual orientation, breastfeeding, gender identity, intersex status, age, physical or mental disability, marital status, family or carer’s responsibilities, subjection to family and domestic violence, pregnancy, religion, political opinion, national extraction or social origin.

For the avoidance of doubt, discrimination includes antisemitism, which is defined by Australian universities based on the International Holocaust Remembrance Alliance (IHRA) as “discrimination, prejudice, harassment, exclusion, vilification, intimidation or violence that impedes Jews’ ability to participate as equals in educational, political, religious, cultural, economic or social life. It can manifest in a range of ways including negative, dehumanising, or stereotypical narratives about Jews. Further, it includes hate speech, epithets, caricatures, stereotypes, tropes, Holocaust denial, and antisemitic symbols”.

Harassment is any form of behaviour that is unwelcome, unsolicited, unreciprocated and usually (but not always) repeated. It is behaviour that is likely to offend, humiliate or intimidate. Harassment can be based on any of the attributes listed under the definition of discrimination and for example can include sexual, disability, racial, sexuality or gender-based harassment. Examples include:

• telling insulting jokes about particular racial groups;
• sending explicit or sexually suggestive emails or text messages;
• displaying racially offensive or pornographic posters or screen savers;
• making derogatory comments or taunts about someone’s race;
• asking intrusive questions about someone’s personal life, including their sex life.

Human Rights are those rights defined in the Human Right Act 2019 (Qld), based on human rights that are recognised in international covenants including the International Covenant on Civil and Political Rights (ICCPR), the Universal Declaration of Human Rights (UDHR), the United Nations Declaration on the Rights of Indigenous People (UNDRIP) and the International Covenant on Economic, Social and Cultural Rights (ICESCR). In particular, section 15 of the Act protects the right to recognition and equality before the law, which entitles every person to be effectively protected against discrimination.

Misconduct means conduct which is not serious misconduct but which is nonetheless conduct which is unsatisfactory.

Reasonable management action means management action taken to direct and control the way work is carried out. It is expected that staff will at times have to discuss inadequacies of performance with other staff and may have to instruct them in more effective ways of performing their duties. These acts do not constitute work-related bullying when undertaken in a professional manner. Similarly, providing guidance, conducting performance counselling, commencing unsatisfactory performance procedures or misconduct procedures does not in itself constitute work-related bullying when undertaken in a professional manner. It is appropriate and expected that both managers and supervisors will offer constructive and legitimate advice and comment as part of their role in a way that does not demean or humiliate. Examples of reasonable management action include:

• setting reasonable performance goals, standards and deadlines
• rostering and allocating working hours in accordance with the UniSC Enterprise Agreement
• implementing organisational change or restructuring
• deciding not to select a staff member for promotion or appointment where a reasonable process is followed
• informing a staff member about unsatisfactory work performance in an honest, fair and constructive way
• informing a staff member about unreasonable behaviour in an objective and confidential way
• taking disciplinary action, including suspension or terminating employment.

Serious Misconduct means misconduct of a serious nature and includes:

• serious misbehaviour of a kind which constitutes a serious impediment to the carrying out of a staff member's duties or to a staff member's colleagues carrying out their duties;
• serious dereliction of the duties required of the staff member's office;
• conviction by a court of an offence which can be demonstrated to constitute a serious impediment of the kind referred to in this definition;
• wilful or deliberate behaviour by a staff member that is inconsistent with the continuation of the contract of employment;
• conduct that causes serious and imminent risk to the health and safety of a person or the reputation, viability or profitability of the University;
• during employment, engaging in theft, fraud, assault, sexual harassment, intoxication at work (where a staff member’s faculties are so impaired as to make the staff member unfit for duty);
• refusing to carry out a lawful and reasonable instruction that is consistent with the staff member’s contract of employment.

University community means all staff members, adjunct and honorary title holders, members of University Council, students, consultants, contractors, volunteers, researchers and external appointees of Council, boards and committees of the University.

Unreasonable behaviour means behaviour that a reasonable person, having considered the circumstances, would see as unreasonable, including behaviour that is victimising, humiliating, intimidating, or threatening.

Victimisation means treating someone unfairly because they have made, or intend to make, a complaint. This also includes the unfair treatment of those who have supported another person in making a complaint.

Vilification is a public act which is capable of inciting hatred, serious contempt for, or severe ridicule of a person or group of persons on the grounds of race, religion, sexuality, sex characteristics or gender identity. Vilification is unlawful under the Anti-Discrimination Act 1991 (Qld).

As outlined in the Anti-Discrimination Act 1991 (Qld) there are some exceptions which ensure the right of freedom of speech is not unduly restricted, including, but not limited to, a public act done reasonably and in good faith for purposes in the public interest, including discussion and debate or for academic, artistic, scientific, or research purposes.

Worker is as defined in section 7 of the Work Health and Safety Act 2011 (Qld), a worker includes employees, contractors, subcontractors, students gaining work experience, and volunteers in the workplace.

Workplace conflict means perceived or real differences of opinion and disagreements. Workplace conflict is not generally considered to be work-related bullying as people can have differences and disagreements in the workplace without engaging in repeated, unreasonable behaviour that creates a risk to health and safety. Some people may also take offence at action taken by management, but that does not mean that the management action in itself was unreasonable. However, in some cases conflict that is not managed may escalate to the point where it becomes work-related bullying.

4. Policy statement

4.1 The University has zero tolerance for discrimination, bullying, harassment, and vilification and has a legal and moral responsibility to ensure that staff, visitors, and other members of the University community are not subjected to behaviours or practices of this nature.

4.2 Consistent with the Equity, Diversity and Inclusion – Governing Policy, the University strives to eliminate discrimination, harassment, bullying, and vilification in all aspects of its operations and to create an environment where all staff, visitors, and other members of the University community can work and learn within a culture based on mutual respect.

5. Principles

5.1 The University is committed to fostering the right of individuals to be free from bullying, discrimination, harassment, and vilification while engaged in activities undertaken as part of their employment or other association with the University.

5.2 The University does not tolerate bullying, discrimination, harassment, or vilification under any circumstances and takes all reasonable steps to eliminate behaviours or action of, or by, staff, visitors, and other members of the University community in accordance with the Staff Code of Conduct – Governing Policy and the Enterprise Agreement.

5.3 All members of the University community are expected to uphold the University’s values and behave in a respectful and inclusive manner towards other members of the University community.

5.4 Staff who interact with students have a responsibility to ensure that study environments and other places of student activity are respectful, inclusive, and free from all forms of discrimination, harassment or bullying behaviours.

5.5 The Work Health and Safety Act 2011 (Qld) imposes an obligation on all workers and visitors to take reasonable care of their own health and safety, and to take reasonable care that their acts or omissions do not adversely affect the health and safety of others.

5.6 The Fair Work Act 2009 (Cth) makes workplace bullying unlawful and provides protection for workers who believe they are being bullied where workplace measures have not satisfactorily addressed the behaviour.

5.7 Bullying, discrimination, harassment, and vilification may:

(a) lead to increased absenteeism, reduced staff member productivity and motivation;

(b) adversely affect the health and wellbeing of staff and other members of the University community;

(c) create a distressing, intimidating, offensive, or hostile work or learning environment;

(d) result in the resignation of skilled and experienced employees;

(e) adversely affect a person’s access to or participation in educational opportunities provided by the University;

(f) adversely affect a person’s recruitment, level of appointment, progression, and promotion opportunities; or

(g) adversely impact the University’s reputation.

6. Prevention

6.1 The University uses educative approaches and awareness raising for the prevention of bullying, discrimination, harassment, and vilification, ensuring staff, visitors, and other members of the University community know their rights and responsibilities, and to encourage the reporting of behaviour that breaches this policy.

6.2 The University monitors and reviews reports of bullying, discrimination, harassment, and vilification to identify patterns of recurring incidents and take actions to mitigate future risks.

6.3 Staff participate in any training offered that assists with creating a safe and inclusive workplace and learning environment.

7. Reporting and Responding

7.1 Staff who experience, witness, or are otherwise exposed to unreasonable behaviour or a potentially harmful situation must report this to their supervisor, relevant Cost Centre Manager, a People and Culture representative, or anonymously through the University’s external and independent whistleblowing service provider, Your Call.

7.1.1 Staff who are experiencing discrimination, bullying, or harassment and believe there is an immediate threat to their safety should call SafeUniSC Security on 07 5430 1168 or use the SafeZone App.

7.2 Complaints of alleged bullying, discrimination, harassment, or vilification by a staff member are to be reported and managed in accordance with the Resolution of Complaints (Staff) - Guidelines.

7.3 Complaints of alleged bullying, discrimination, harassment, or vilification by a staff member are dealt with in a timely, sensitive, and confidential way, ensuring appropriate communication and accurate records of complaints.

7.4 The principles of natural justice apply and guide the application of this policy and associated policy documents. This means that before a decision is taken about them, respondents to a complaint have the right to:

(a) be informed about the nature and content of the issue;

(b) be heard; and

(c) have an unbiased decision maker.

7.5 In all matters, the University acts and makes decisions in a way compatible with human rights, as defined in the Human Rights Act 2019 (Qld).

7.6 The complaint resolution process is carried out in good faith. Where complaints are found to be vexatious, the complaint will be rejected and the matter may be dealt with as misconduct or serious misconduct and subject to a disciplinary process in accordance with the Enterprise Agreement.

7.7 Victimisation of any person involved in a complaint is unacceptable and such responses/retaliation by a staff member may be considered a breach of the Staff Code of Conduct – Governing Policy. Such a breach can be considered as misconduct or serious misconduct and subject to a disciplinary process in accordance the Enterprise Agreement.

7.8 When bullying, discriminatory, harassing, or vilifying behaviour involves criminal activity, for example sexual assault, physical assault, or the threat of physical assault, it should also be reported to the police. The University is guided by the police to ensure any internal processes do not jeopardise a criminal investigation.

7.9 When an individual remains dissatisfied with the outcome of a University response, or they do not wish to report the matter internally, they can choose to refer their concern to an external body, such as the Queensland Human Rights Commission, Australian Human Rights Commission, Fair Work Commission, Queensland Ombudsman, or Workplace Health and Safety Queensland.

8. Support

8.1 The University takes all reasonable steps to support persons involved in the reporting and management of alleged bullying, discrimination, harassment, or vilification including the provision of relevant supportive and protective measures.

8.2 Staff are encouraged to utilise the University’s Employee Assistance Program for confidential counselling and to seek advice from People and Culture in relation to the implementation of relevant supportive and protective measures.

9. Authorities and responsibilities

9.1 As the Approval Authority, Vice-Chancellor and President approves this policy in accordance with the University of the Sunshine Coast Act 1998 (Qld).

9.2 As the Responsible Executive Member, the Vice-Chancellor and President can approve procedures and guidelines to operationalise this policy. All procedures and guidelines must be compatible with the provisions of this policy.

9.3 As the Designated Officer, the Director, People and Culture can approve associated documents to support the application of this policy. All associated documents must be compatible with the provisions of the policy.

9.4 This policy operates from the last amended date, with all previous iterations of policy on anti-discrimination and freedom from bullying and harassment are replaced and no longer operating from this date.

9.5 All records relating to anti-discrimination and freedom from bullying and harassment must be stored confidentially and managed in accordance with the Records Management - Procedures, except insofar as is necessary to take any action permitted by this policy or otherwise comply with the law.

9.6 This policy must be maintained in accordance with the University Policy Documents – Procedures and reviewed on a standard 5-year policy review cycle.

9.7 Any exception to this policy to enable a more appropriate result must be approved in accordance with the University Policy Documents – Procedures prior to deviation from the policy.

9.8 Refer to Schedule C of the Delegations Manual in relation to the approved delegations detailed within this policy.

9.9 The following authorities are delegated under this policy:

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