Regulation 17.2.R3 - Discrimination Complaints Procedures for Staff and Students

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1. PRINCIPLES

1. Complaints of discrimination or discriminatory harassment will be dealt with expeditiously to achieve early resolution.
2. According to the nature of each individual complaint the most suitable complaints process (external or internal to the University) will be used.
3. The principles of procedural fairness apply at all stages in the handling of complaints including impartiality and good faith.
4. Every effort will be made to maintain harmonious working relationships during and after the handling of any complaint of discrimination or discriminatory harassment.
5. Every effort will be made to maintain confidentiality with respect to complaints.

2. POLICY

1. The University of Melbourne is committed to the principle of equal opportunity in education, employment and welfare for staff and students of the University.
2. The University aims to ensure that its structures, practices, policies and guidelines are free from direct or indirect discrimination on all relevant legislative grounds.
3. The University will not tolerate discrimination (as defined in the Victorian Equal Opportunity Act (1995)) against any student or staff member in relation to access to University facilities and services. Its policies and guidelines aim to ensure that discrimination does not occur.
4. Managers and supervisors have a particular responsibility to ensure that the workplace is free from discrimination and discriminatory harassment, and that relevant policies and guidelines with regard to the resolution of complaints are followed.
5. Students and staff of the University will be informed of the processes and procedures relating to the handling of complaints of discrimination and discriminatory harassment.
6. A complaint must be made as soon as possible but not later than twelve months after the alleged discrimination occurred unless good and sufficient reason for consideration after this time can be established.
7. These procedures are designed to resolve complaints within the University. However staff and students are advised that they have the right to make a complaint under the relevant state or federal anti-discrimination legislation.
8. There may be alternative complaints processes available to a complainant, according to the nature of each individual complaint. Such options will need to be fully considered upon receipt of the complaint by consultation between the complainant, the person handling the complaint and other relevant sources of advice within the University.
9. Any complaint must initially be dealt with by those University staff members with designated responsibility for complaint resolution (see Section Five) with provision for resolution at higher levels of authority if necessary.
10. The University will take appropriate action in respect of each complaint.
11. To the extent possible, consistently with the proper and fair investigation and determination of a complaint, a person or persons handling or involved in a complaint must respect the confidentiality of information supplied in relation to the complaint, and must proceed on the assumption, unless the contrary appears, that any information supplied in relation to a complaint is, and is intended to remain, confidential.
12. Persons handling complaints should cease handling a complaint if there is a possibility of bias or conflict of interest. Complaints should be handled fairly and impartially and the complainant and the respondent should be given the opportunity to present their cases.
13. Victimisation of a staff member or student who makes a complaint under these procedures will be treated with the utmost seriousness by the University.

3. DEFINITIONS

1. Discrimination

   (a) Discrimination means direct or indirect discrimination on the basis of one or more of the following attributes specified in the Victorian Equal Opportunity Act (1995) which are

• age;
• physical, psychiatric or intellectual disability or impairment;
• industrial activity;
• lawful sexual activity/sexual orientation;
• marital status;
• physical features;
• political beliefs and activity;
• pregnancy;
• race;
• religious belief and activity;
• sex;
• status as parent or carer;
• personal association with a person who is identified by reference to any of the above attributes.

(b) In determining whether a person discriminates it is irrelevant whether or not that person is aware of the discrimination, or whether or not it is intentional.

(c) Direct discrimination means treating or proposing to treat another person less favourably on the basis of an attribute that person may possess (see(1)(a) above). This is subject to applicable exceptions and exclusions in the above legislation.

(d) Indirect discrimination occurs when a rule, practice or policy which appears to be neutral, but in effect has a disproportionate impact on a particular group. It arises with practices which are fair in form and intention but discriminatory in impact and outcome.

2. Discriminatory Harassment

   (a) Discriminatory Harassment means any form of discrimination on the basis of the attributes referred to in section (1)(a) and is behaviour which takes place in circumstances in which a reasonable person, having regard to all circumstances, would have been offended, humiliated or intimidated.

   (b) In determining whether a person engages in discriminatory harassment it is irrelevant whether or not that person is aware of the harassment, or whether or not it is intentional.

   (c) Although sexual harassment fits within the definition of discriminatory harassment it will continue to be dealt with under the University's Sexual Harassment Policy and Procedures.

3. Complaint

   (a) A complaint must concern perceived discrimination or discriminatory harassment by or against an individual.

   (b) A complaint may be made by a staff member or student against a staff member or student. Where a complainant is unable to lodge a complaint personally another person may act on the complainant's behalf provided that person's authority to act and good reason for so doing are verified by the Equal Opportunity Officer.

   (c) A complaint must be made to a staff member of the University designated to handle these complaints procedures.

4. Complainant, Respondent

   (a) 'Complainant' refers to a student or staff member who alleges discrimination or discriminatory harassment and who then makes a complaint.

   (b) 'Respondent' refers to a staff member or student against whom a complaint is made.

5. Staff and Students

   (a) 'Staff' means any person who is an employee of the University at the time the discrimination or discriminatory harassment is alleged to have occurred.

   (b) 'Student' means any person who is enrolled as a student of the University at the time the discrimination or discriminatory harassment is alleged to have occurred.

   (c) These procedures are applicable to staff and students engaged in activities reasonably connected with their role at the University; such activities may extend beyond the University campus.

   (d) Where a person is both a staff member and a student, their status as one or the other, or both, in relation to the complaint may need to be clarified by the person handling the complaint. The subsequent process for handling of the complaint will relate to this decision.

6. Procedures

Procedures are a series of organised steps or stages which are followed once a complaint is made.

4. THE DISCRIMINATION COMPLAINTS PROCEDURES

1. Stages of the complaints procedures.

There are three stages to the complaints procedures which will generally be undertaken in progression, unless the nature of the complaint or the wishes of the complainant determines otherwise. Each stage aims at resolution, so progress to a further stage only occurs if resolution has not been achieved and the complainant wishes to proceed.

2. Stage 1: Advice

   The aim of Stage 1 is to clarify the problem as perceived by the complainant, to advise the complainant of the options available to them (including options for directing the complaint to an external agency) and to ensure the complainant is provided with support and advice to decide whether, and if so, how, they wish to proceed with the complaint.

3. Stage 2: Conciliation

   The complaint process will only proceed to Stage 2 if the complainant is willing to be identified to the respondent and to detail the complaint in writing. If so, the respondent must be provided with the written complaint and the complaints procedures, and be provided with the opportunity to respond in writing. Resolution may be achieved after meetings with the respondent and the complainant individually or together.

4. Stage 3: Investigation and Determination

   If the complaint is not satisfactorily resolved at Stage 2, and the complainant wishes to proceed, the complaint will be forwarded to the Vice Chancellor, or nominee, for investigation and determination.

5. PERSONS TO HANDLE THE COMPLAINTS PROCEDURES

1. The University will select, train and support anti-discrimination advisers to conduct Stages 1 and 2 of the complaints procedures.
   
2. As the complaint is progressed from each stage to the next the most appropriate person to handle the complaint must be reviewed. The same or different advisers may assume responsibility for the complaint at different stages. Continuity, success of previous contacts, and the request of those involved will be taken into account in this decision.
   
3. Where the complainant is a student:

   For Stage 1, and possibly Stage 2, an anti-discrimination adviser and, where the adviser deems appropriate, the Dean (or their nominee) of the faculty in which the alleged discrimination occurred, will normally conduct the complaints procedures.

4. Where the complainant is a staff member:

For Stage 1, and possibly Stage 2, an anti-discrimination adviser and, where the adviser deems appropriate, the staff member immediately superior to the complainant, or another person who is responsible for the employment of the staff member, will normally conduct the complaints procedures.

5. If there is uncertainty about who will handle Stages 1 and 2 of the complaints procedures the Equal Opportunity Officer should be consulted.
   
6. Stage 3 will be carried out by the Vice Chancellor, or nominee.
   
7. The University staff members available for advice on the complaints procedures are:
• Anti-Discrimination Advisers
• Equal Opportunity Officer
• Disability Liaison Officer
• Koori Liaison Officer
• Student Equity Officer
• Employee Relations Officer
• Personnel Consultants
  
8. Those likely to be required to handle complaints procedures will receive appropriate training and professional support.

6. GUIDELINES FOR THOSE WITH A COMPLAINT

1. Staff or students with a complaint of discrimination or discriminatory harassment must make an appointment for informal advice with an anti-discrimination adviser.
2. The adviser will lead the complainant through the first, and possibly subsequent, stages of the procedures, and will provide the complainant with appropriate information and support as outlined in Guidelines: The Three Stages of the Discrimination Complaints Procedures.
3. Complainants should, if possible, maintain and have available accurate records of the time and place of the incident(s) of alleged discrimination or discriminatory harassment.
4. Staff or students with a complaint of discrimination or discriminatory harassment, while being encouraged to use the University procedures, have the right to seek advice from the Victorian Equal Opportunity Commission or the Commonwealth Human Rights and Equal Opportunity Commission at any stage (see Section 7).

7. OTHER AVENUES FOR COMPLAINT

1. Whether or not students or staff members initially use the resolution of complaints procedures that exist within the University, they may choose to proceed to take complaints of discrimination or discriminatory harassment to the Commonwealth Human Rights and Equal Opportunity Commission or Victorian Equal Opportunity Commission. In such cases the University will offer cooperation with the Commission.
2. Complainants should be informed that whilst seeking redress through internal resolution procedures they continue to have recourse to outside avenues of complaint, and that these avenues may be subject to time limits. Should an external complaint be pursued, University procedures would be suspended or terminated.

8. REVIEW OF POLICY

Implementation of this policy will be monitored and evaluated during the first year of its operation. Review will be carried out as defined by the need identified by the Equal Employment Opportunity and Access and Equity Committees.