Harassment Prevention Policy
Your rights and responsibilities

THIS POLICY IS UNDER REVIEW.

1. The University’s commitment to the prevention of harassment
2. What types of harassment are against the law?
3. What is harassment?
4. What types of behaviour could amount to harassment?
   4.1 Crimes
   4.2 Verbal behaviour
   4.3 Non-verbal behaviour
   4.3 Physical behaviour
5. What responsibility do you have to prevent harassment at the University of Sydney?
   5.1 Managers, supervisors and academic employees
   5.2 Security Services
   5.3 All University students and employees
6. What will the University do to prevent harassment?
7. Where to get more information or help
8. Common Questions and Answers

The University of Sydney 1999-2004 Strategic Plan sets out the University’s strategic goals and objectives. The Strategic Plan is complemented by other plans and policies, such as this Harassment Prevention Policy, that translate those goals and objectives into practical tools for, among other things, improving the quality of the University experience of all its members, both students and staff.

1. institutional autonomy, recognition of the importance of ideas, intellectual freedom to pursue critical and open inquiry, and social responsibility;
2. understanding the needs and expectations of the people that the University serves and striving constantly to improve the quality and delivery of its services and access to those services; and
3. tolerance, honesty and respect as the hallmarks of relationships throughout the University community and underpinning high standards of ethical behaviour.

Every student and employee at the University of Sydney has the right to expect from their fellow students and colleagues behaviour that reflects these key values. In particular, every student and employee has a right to study or work in an environment that is free from harassment, a right to be treated with dignity and respect, regardless of their background, beliefs or culture.

Harassment is not tolerated at the University of Sydney.

All employees, students and external contractors have a responsibility to ensure that they do not promote or engage in harassment. All managers, supervisors and academic employees are actively responsible for intervening to prevent harassment. All students and employees have a right to use the University’s Harassment and Discrimination Resolution Procedure if they are harassed.

Where appropriate, a breach of this policy will result in disciplinary action.

The University of Sydney is committed to eliminating harassment from all of its campuses. Students and staff are encouraged to regard this Policy as a measure of that commitment and as a tool for promoting freedom from harassment within their own study or work environment.
Professor Gavin Brown
Vice-Chancellor and Principal

It is generally against anti-discrimination law for any employee or student to harass, or be harassed by:

1. an applicant for a job or admission as a student
2. another employee or student
3. a customer or client
4. any other visitor to the University, including external contractors.

The following anti-discrimination laws apply to the University community:

1. Anti-Discrimination Act 1977 (NSW)
2. Racial Discrimination Act 1975 (Cth)
3. Sex Discrimination Act 1984 (Cth)
4. Disability Discrimination Act 1992 (Cth)
5. Human Rights and Equal Opportunity Commission Act 1986 (Cth)

Harassment that makes the University unsafe, including many forms of bullying and intimidation that are not against anti-discrimination law, may be against occupational health and safety law. They may also amount to negligence and a breach of the University’s duty of care to its employees and students.

Some types of harassment, such as sexual harassment and other forms of physical assault and/or stalking are illegal under criminal law. These types of harassment may result in criminal prosecution.

1. the other person does not want; and
2. offends, embarrasses, or scares them; and is either
   1. sexual, or
   2. targets them because of their race, sex, pregnancy, marital status, transgender, sexual preference or orientation (including homosexuality, lesbianism, bisexuality and heterosexuality), disability or long term illness, age, family or carers’ responsibility, social origin, political belief, lack of a political belief, lack of a particular political belief (including trade Union activity or lack of it, and student association activity or lack of it), religious belief, lack of a religious belief, and/or lack of a particular religious belief; and

This includes actual and perceived (imputed) race, sexuality, disability etc.

1. bully or intimidate someone to such an extent that their (or others’) health and/or safety is at risk.

An inappropriate use of power may result from:

1. position – for example a supervisor harassing someone they are in charge of, a lecturer harassing a student, a senior academic staff member harassing a junior academic staff member;
2. cultural difference – for example, men harassing women in an area where men hold most of the power, or a white person harassing a person of colour in an area where white people have most of the power; or
3. number – for example, women harassing men in an area where most of the employees and/or students are women.

There are many types of verbal, non-verbal and physical behaviour that could amount to harassment.

Although harassment is often repeated, or a series of different events, a single action can be enough to amount to harassment. The basic rule is that if someone else finds the behaviour harassing then it could constitute harassment.

Below are some examples of the types of behaviour that could amount to harassment. Please note that these lists are not exhaustive.

All of the following types of behaviour constitute harassment, and are banned by the University because they are also crimes:

1. indecent, sexual or physical assault of any type (including some forms of initiation rites, displaying the sexual parts of one’s body, and unwanted touching of the sexual parts of someone else’s body); and
2. stalking.

Depending on the circumstances, any of the following types of verbal behaviour could amount to harassment:

1. sexual or suggestive remarks, including remarks with sexual double meanings
2. making fun of someone because of their race, disability, age, sex, sexuality, etc.
3. spreading rumours about someone’s sexual relationships or practices
4. referring to a person who is transgender by their previous name or gender, or calling him or her ‘it’, or harassing him or her for wearing the clothes of their preferred gender
5. imitating someone’s accent or disability
6. unwanted sexual propositions
7. repeated, unwelcome invitations to go out with someone
8. obscene or racist, sexist, anti-gay etc, telephone calls, letters, faxes, or e-mail messages. (For more information on the use of University computer systems please see the University's IT code)
9. obscene or racist, sexist, anti-gay etc, language or illustrations in any University publication
10. offensive jokes
11. repeated, unwelcome questions about someone else’s personal or sexual life
12. sexual, sexist, racist, anti-gay etc, threats, insults or name-calling

Depending on the circumstances any of the following types of non-verbal behaviour could amount to harassment:

1. putting pornographic, sexually suggestive, racist and/or any other form of offensive, degrading or insulting material on walls, computer screen savers, faxes, e-mail, etc. (For more information on the use of University computer systems please see the University's IT code)
2. suggestive looks or leers
3. showing of X-rated videos (unless this is a valid part of formal, academic research or discussion)
4. strip-o-grams, or any other form of striptease, or naked display of the sexual parts of your own or someone else’s body (note that the latter can also amount to criminal behaviour)
5. unwelcome practical jokes
6. displaying or circulating racist, sexist, anti-gay/lesbian etc, cartoons or literature
7. mimicking someone with a disability
8. ignoring someone, not sharing information with someone, or being particularly cold or distant with someone, because of their sex, race, disability etc, or in a way that jeopardises their health or safety
9. offensive hand or body gestures that are sexual, racist, etc
10. wolf whistling
11. continually ignoring or dismissing someone’s contribution (because of their sex, race, disability etc) in relation to any work meeting, student consultation, tutorial or lecture
12. any other form of behaviour that denigrates or trivialises someone based on their sex, race, disability etc, or in a way that jeopardises their health or safety.

Depending on the circumstances any of the following types of physical behaviour could amount to harassment:

1. touching the sexual or other parts of someone else’s body (note that this can also amount to criminal behaviour)
2. unnecessary physical contact (eg pinching, patting, touching, kissing, hugging, or brushing up against a person against their will)
3. pushing, shoving or jostling
4. unnecessarily leaning over someone or standing too close to them
5. initiation rites that involve anything that could be regarded as sexual, sexist, racist etc
6. putting your hand or an object (like a pay slip or a letter) into someone’s pocket

For more information on what does and does not constitute harassment, - see the 'Common Questions and Answers'

All managers, supervisors and academic employees must make every reasonable effort to prevent harassment occurring within their workplace, lectures and/or tutorials.

If you are a manager, supervisor or an academic employee you must:

1. Ensure that all the people you supervise or teach know about and understand this policy.
2. Be familiar with the purpose of this policy so that you are able to respond effectively to any questions or concerns raised by the people that you supervise or teach.
3. Make it clear that you will not tolerate any harassing behaviour from any of your students or colleagues.
4. Ensure that your work/study environment is free of sexist, racist, or any other type of stereotyping material, posters, screen savers, etc. If you feel that graffiti or other material that appears on University property breaches this Policy, please contact the Staff and Student Equal Opportunity Unit. The EOU will decide whether the material should be removed and make arrangements for its removal. Should a concern arise about the removal of the material please advise the concerned party to discuss their concern with the Equal Opportunity Unit and/or the Manager, Harassment and Discrimination Resolution.
5. Wherever possible, ensure that you work to create a work/study environment that does not make it easy for harassment to occur. For example, you should actively monitor what is happening at University events where alcohol is available.
6. If you are introducing a new staff member/student into your work/study environment who is of a different age, gender, ethnic background etc, to others in the work/study environment, actively monitor the environment to ensure they are not harassed.
7. Follow up any colleague/student behaviour changes that could have resulted from harassment. For example, if you think that someone in your work team or student group is behaving in a manner that suggests that they may have a harassment problem or complaint, you should raise the issue with them confidentially. If they reveal a problem or concern that should be dealt with under the Harassment and Discrimination Resolution Procedure, you should encourage them to act, and refer them to a Harassment & Discrimination Support Person or to the Manager, Harassment and Discrimination Resolution. If it appears that they are unlikely to take further action, and the matter is so serious that it has implications for their (or someone else’s) health or safety, you must speak confidentially with the Manager, Harassment and Discrimination Resolution. If the Manager, Harassment and Discrimination Resolution is absent, you should ask the Deputy Vice-Chancellor (Planning & Resources) (acting as the Vice-Chancellor’s representative) for a referral to one of the Assistant Harassment and Discrimination Resolution Officers. The Harassment and Discrimination Resolution Officer will decide whether it is appropriate for them to speak to the employee or student.
8. Ensure that your work team/students know that the University wants them to immediately report any harassment that they are unable to resolve themselves. Ensure that they know whom they can contact for support, advice and/or problem solving.
9. Act immediately if you witness any harassment or overhear someone talking about an act of harassment. If you personally witness harassment that appears to breach this Policy, or you overhear someone talking about what appears to be a breach of this Policy committed against someone else, you must intervene to stop the harassment, and speak confidentially with the person or people who appear to have breached the policy. You should explain what you saw/overheard and why you are concerned. You should give the person or people full opportunity to tell you their side of the story. What will appropriately be your next action depends on whether there was a breach, and, if so, how serious the breach was:
   • If it turns out not to have been a breach of this Policy (for example, all parties were quite happy with the behaviour, and it did not offend anyone else), you should offer an apology. However you may wish to explain why you needed to inquire into the incident and explain that had they behaved in that manner in front of, or with, another type of person or people, the behaviour might well have been regarded as harassing.
   • If the breach is minor (that is, if proven it would not have resulted in a disciplinary measure), you should ask if they would be willing to apologise to the other party. You should then approach the other party, explain the reason for your intervention, and ask if they would like an apology or would prefer to let the matter rest. You should be guided by their response.
   • If the breach is more serious, you should immediately speak to the person who you think may have been harassed and encourage them to act under the University’s Harassment and Discrimination Resolution Procedure. You should refer them to a Harassment & Discrimination Support Person or to the Manager, Harassment and Discrimination Resolution. If it appears that they are unlikely to take action, you should inform them that you will now need to speak confidentially to the Manager, Harassment and Discrimination Resolution. You should explain that the Manager, Harassment and Discrimination Resolution may wish to investigate the matter further and/or if necessary, refer it to the relevant staff or student misconduct process. If the Manager, Harassment and Discrimination Resolution is absent, you should ask the Deputy Vice-Chancellor (Planning & Resources) (acting as the Vice-Chancellor’s representative) for a referral to one of the Assistant Harassment and Discrimination Resolution Officers.
10. If someone informs you that they or someone else are/is being harassed, you must make clear that the victim of the alleged harassment has the right to tell the alleged harasser to stop – if they feel able to do this. If they do not feel able to do this, or they have done this without success, you should encourage them to act, and refer them to a Harassment & Discrimination Support Person or to the Manager, Harassment and Discrimination Resolution. If it appears that they are unlikely to take further action, and the matter is so serious that it has implications for their (or someone else’s) health or safety, you must speak confidentially with the Manager, Harassment and Discrimination. Tell the person concerned that this is what you are going to do. If the Manager, Harassment and Discrimination Resolution is absent, you should ask the Deputy Vice-Chancellor (Planning & Resources) (acting as the Vice-Chancellor’s representative) for a referral to one of the Assistant Harassment and Discrimination Resolution Officers. The Harassment Resolution Officer will decide whether it is appropriate for them to speak to the employee or student.

If you are a member of University’s Security services, you must:

1. Report any graffiti or other material (posters etc) that you think may breach this Policy, via your manager to the Staff and Student Equal Opportunity Unit. The EO Unit will decide whether the material should be removed and, if necessary, make arrangements with you or someone else to remove it. Should a concern arise about the removal of the material, please advise the concerned party to discuss their concerns with the Staff and Student Equal Opportunity Unit and/or the Manager, Harassment and Discrimination Resolution.
2. Act immediately to protect any student or employee who tells you that they are being stalked or harassed in any other way that makes them feel unsafe. Encourage that person to speak to one of the Harassment & Discrimination Support Officers, or to the Manager, Harassment and Discrimination Resolution, and/or to the University Counselling Service. If they are not willing to do this, you must report the matter to the Manager, Harassment and Discrimination Resolution so that they can decide what to do next. If the Manager, Harassment and Discrimination Resolution is absent, you should ask the Deputy Vice-Chancellor (Planning & Resources) (acting as the Vice-Chancellor’s representative) for a referral to one of the Assistant Harassment and Discrimination Resolution Officers.

It is the responsibility of all students and staff to respect the rights of others and ensure that they do not become involved in or encourage harassment. Every student and employee has the legal right to a work/study environment that is safe, and that is not sexually harassing, sexist, racist, anti-gay, anti-disability, ageist, or stereotyping in any other way.

1. You must be careful not to do anything that could be interpreted as sexually harassing or stereotyping (putting down) people because of their race, sex, disability etc. For example, be careful of:
   • the words and tone you use, and how you say things
   • throw-away comments that could be interpreted as sexual, sexist, anti-gay, etc
   • sexual or stereotyping jokes
   • sexual or stereotyping pictures, cartoons, verse - on paper, walls, boards, faxes or computers
   • any type of touching
   • standing too close
   • gestures that could be interpreted as sexual, sexist, racist, etc
   • sexual behaviour of any kind
   • isolating or segregating others
   • initiation rites
   
   Either refrain from these activities or check first to ensure that everyone around you is comfortable with them. If not, you should cease the behaviour immediately and offer your apologies.
    
2. If you personally see or hear someone do something that you think could amount to harassment, talk with that person, if you feel able, about why you think it amounts to harassment, and why they should cease to do it. However, you must not spread rumours about that person. Spreading rumours may result in some form of disciplinary action against you. It is also possible that the person about whom you spread rumours could sue you for defamation.
    
3. If you become aware that someone you work or study with is being harassed, help to prevent it from continuing by offering to support them. For example:
   • refuse to join in with the harassing behaviour
   • tell them they have the legal right to a harassment-free work/study environment
   • tell them that, if they feel able, they can say ‘no’ to the person or people who are harassing them
   • tell them that if it does not cease they should report the harassment to the Manager, Harassment and Discrimination Resolution
   • tell them that you are willing to act as a witness if they decide to lodge a complaint with Manager, Harassment and Discrimination Resolution

Please note that if you have not personally witnessed the behaviour, you must not say anything to the person who is allegedly harassing the person you work or study with. You must not spread rumours about that person. Spreading rumours about or speaking to the alleged harasser may result in disciplinary action against you. It is also possible that the person you spread rumours about could sue you for defamation.

The University is committed to the elimination of discrimination on all of its campuses.

1. The University will run regular promotion, education and training programs about this Policy to ensure that everyone is aware of their rights and responsibilities.
2. The University will maintain, resource and promote a fair and efficient process for dealing with concerns, problems and complaints relating to harassment. You can complain about any harassment concern or problem to any of the people listed in the University’s Harassment and Discrimination Resolution Procedure.
3. The University will deal with any harassment concern, problem or complaint seriously, sympathetically, quickly, impartially (fairly) and confidentially.
4. The University will do everything reasonable to ensure that you are not victimised or hassled in any way as a result of making a harassment complaint. The University will provide you with whatever reasonable protection is necessary.
5. If in the event of a complaint the University determines that harassment has occurred, the University will do everything possible to ensure that it ceases. Depending on the circumstances, the University may discipline the person or people responsible. If the harassment is serious, this may result in expulsion or dismissal. Where appropriate, the University will refund you for expenses, such as lost university fees, that are directly related to the harassment.
6. The University will discipline anyone who victimises a person because that person has made a harassment complaint or supported someone who has made a harassment complaint. If the victimisation is serious, the University may dismiss or expel the person or people responsible.
7. Where appropriate, the University will discipline anyone who breaches confidentiality in relation to a harassment concern, problem or complaint.
8. If the University discovers that a person has made a false allegation of harassment, that person may be disciplined. If the lies were serious, the person who lied may be dismissed or expelled.

For information on how a problem, concern or complaint relating to harassment will be resolved, please see the University’s Harassment and Discrimination Resolution Procedure. A copy of the procedure can be obtained from the Staff and Student Equal Opportunity Unit on Tel: 9351 2212 and/or from the EO Unit’s Web site at: http://www.usyd.edu.au/eeo/

For support, counselling, advice and/or a means to sort out your problem, concern or complaint, please contact:

1. The Manager, Harassment and Discrimination Resolution
   Tel: 9351 8713
2. One of the Harassment and Discrimination Support Officers.
3. A list of the Harassment and Discrimination Support Officers is available from the Staff and Student Equal Opportunity Unit on Tel: 9351 2212
   http://www.usyd.edu.au/eeo/
4. The Staff and Student Equal Opportunity Unit (oversees the Harassment and Discrimination Resolution Procedure)
   Tel: 9351 2212
5. The University Counselling Service
   Tel: 9351 2228
6. Disability Services
   Tel: 9351 4554 or TTY 9351 3412
7. The International Student Services Unit
   Tel: 9351 4749
8. The Staff Support and Development Unit
   Tel: 9351 5871

For help with interpreting, please contact:

1. Ethnic Affairs Commission
   Tel: 9716 2244
2. Telephone Interpreting Service
   Tel: 9221 1111
3. Deaf Sign Interpreter Service
   Tel: 9716 2248

Student and Staff Union representative associations:

1. Students’ Representative Council
   Tel: 9351 2871 or 9660 5222
2. Sydney University Post-Graduate Representative Association
   Tel: 9351 3175 or 1800 249 950 (country callers only)
3. National Tertiary Education Industry Union, University of Sydney Branch
   Tel: 9351 2827
4. Community and Public Sector Union
   Tel: 9351 5176
5. the Anti-Discrimination Board of New South Wales
   Tel: 9268 5555 or TTY 9268 5522
6. the Commonwealth Human Rights & Equal Opportunity Commission
   Tel: 1300 656 419 or TTY 1800 620 241
7. the Australian Industrial Relations Commission
   Tel: 8374 6666

You can contact one or more of these organisations at any time for advice and assistance in resolving your harassment concern, problem or complaint.

1. Does it have to happen at the University for it to be treated as harassment under the University’s harassment policy?
   
   No. The University will treat it as harassment and try to resolve your problem, concern or complaint if it occurs:
   • during any University organised work, study or placement activity – on or off campus
   • during any University organised social or sporting activity – on or off campus.
   
   Note that if the harassment occurs during a student placement, it may be necessary for you to make a complaint under the placement organisation’s complaints procedure. However, the University will help you with your problem or complaint – see the Harassment and Discrimination Resolution Procedure for more information about this.
   
   If you are harassed outside the University, you may be able to go to a Chamber Magistrate at your Local Court to seek an Apprehended Personal Violence Order against the person harassing you. You may also be able to ask the police to charge the person.
    
2. Does the complaint have to come from an employee or student for it to be treated as harassment?
   
   No. The University will treat it as harassment and try to resolve the problem, concern or complaint if it comes from:
   • an employee or group of employees,
   • a student or group of students, or
   • from any visitor or contractor on the University campus.
   
    
3. Does the complaint have to be against an employee or student for it to be treated as harassment?
   
   No. The University will treat it as harassment and try to resolve the problem, concern or complaint if it is against:
   
   • an employee or group of employees,
   • a student or group of students, or
   • a visitor or contractor on the University campus.
   
    
4. Is it harassment if it is committed by or against a Residential College student?
   
   This policy covers harassment that is committed by any student, against any student, no matter where they live, provided that it occurs at any University sponsored event or on any University campus. However, if the harassment occurs within the grounds of a Residential College that is not owned by the University (ie, Mandelbaum House, St Andrew’s, St John’s, St Michael’s, St Paul’s, Sancta Sophia, Wesley, Women’s College) the University cannot deal with it under this policy.
    
5. Does there have to be more than one action/event for it to be considered harassment?
   
   No. Harassment is often repeated, or a series of events. However, depending on its seriousness, one single action/event can be enough to amount to harassment.
    
6. Does it have to be deliberate for it to be harassment?
   
   No. Sometimes people harass each other without meaning to.
   
   Behaviour that is thought to be funny, or does not mean much to one person or a group of people, may hurt or offend others.
   
   Every University employee and student has the legal right to work and/or study in an environment that feels safe and non-harassing. This means that all University students and staff must respect the fact that everyone is different, and think carefully about their behaviour and whether it might offend or hurt others.
   
   If someone else lets you know in any way at all that they find a particular behaviour offensive or harassing, you must stop that behaviour.
    
7. Does the other person have to say ‘no’ before it is considered harassment?
   
   No. The University encourages people to say no to harassment, but understands that it can be threatening or embarrassing to do so. If a person is too scared or embarrassed to say no to a particular type of behaviour, it could still be considered harassment.
   
   This means that all University staff and students need to be careful about what they say and do, and be aware of how their behaviour might affect others.
   
   If you know or suspect that your behaviour might be unwelcome, you should not do it, even if the other person does not say ‘no’. If you are not sure if your behaviour is harassing, you should ask the other person if they are comfortable with your behaviour.
   
   If you find a particular type of behaviour harassing and you feel confident enough to say that you do not like it, you should do so. The person concerned may not have realised that their behaviour was making you feel uncomfortable. For example, you could say "I don’t like it when you stand as close as this, please give me space", or "Please don’t use the word "wog" in front of me as I find it racist and harassing".
   
   It is always best to frame your statement in terms of what you yourself do or do not like, rather than in terms of how a person should always behave with others. It is also preferable to speak to the other person on your own or with one friend (who does not speak on your behalf, but is there for support). If you go to see the other person with more than one friend, or with a union or student association representative, it is quite likely that the other person will feel ganged up on, making it hard to sort out the problem. This may also be the effect of allowing your friend to speak as well as you.
   
   If you do not feel confident enough to talk with the other person, you do not have to. However, you should consider using the University’s Harassment and Discrimination Resolution Procedure to have the problem resolved.
    
8. If I ask someone out, will it be harassment?
   
   In general there is no problem with asking someone out, particularly on a first occasion. However, you must never force a person to say ‘yes’ by making it clear that their work, study or University life will suffer if they say ‘no’.
   
   If someone says ‘no’ a first time, you should be very careful about pressing the point and/or asking them again. They may interpret this as harassment. The safest thing to do is to avoid asking a person out after they have said ‘no’ a first time. However, if you are not sure what their reply meant, the most you should do is ask them if they would mind if you asked them out again at some other time.
   
   You should be particularly careful about asking someone out if you are their manager, supervisor, lecturer or tutor. It is very easy for someone to misinterpret your actions if you are in a position of power.
    
9. Can I have a sexual relationship with another student or employee?
   
   Yes – as long as both parties consent to the sexual relationship.
   
   However, should the other person decide to end the relationship, you should be very careful to ensure that you do not pressure or hassle them. Depending on the circumstances, this could be considered harassment.
   
   If you are in a relationship with someone you supervise or teach, please read the University’s Code of Conduct (clause 3.4) and, if it applies to you, the NTEU’s Code of Ethics. Becoming involved in a relationship with someone you supervise or teach can expose you and the University to accusations of bias and/or conflict of interest. You should do everything possible to minimise this risk. For example, you may need to change existing supervision or assessment arrangements so you are no longer the supervisor or assessor of the particular employee or student. You may also need to report the existence of your relationship to your Head of Department/Manager.
    
10. If everybody thinks that telling certain types of jokes (for example, sexual, sexist or racist jokes) or singing certain types of (for example, sexual) songs is okay, can we do it?
    
    It is sometimes difficult to know what everyone around you thinks of certain types of jokes and songs. Some people may be offended by them but find it difficult to say anything. If this is happening, the person who is offended is being harassed and can make a legitimate complaint of harassment. It is best to leave potentially offensive jokes and songs for activities outside University life.
     
11. Is it harassment if I was under the influence of alcohol or drugs at the time?
    
    Being under the influence of alcohol or drugs should never be used as an excuse to harass someone else. The fact that you were drunk or under the influence of drugs at the time of an incident does not mean that you will be able to get way with behaviour that others find harassing.
     
12. If I tell somebody that they look good, am I harassing them?
    
    Most people don’t mind being told they look good. Whether a comment amounts to a compliment or harassment will depend on when, where and how the comment is said or made, and how the two parties feel about each other.
    
    The words you use, the tone of your voice, how often you compliment someone and what else you are doing (for example, standing too close, leering, wolf whistling) can all turn what would otherwise be a compliment into harassment.
    
    If someone tells you to stop complimenting them, you should stop it.
     
13. Is it harassment to criticise someone’s clothing, jewellery, tattoos or odour?
    
    Possibly. Generally, staff and students can wear what they wish, provided that their dress does not interfere with their professional ability to study or work. If you feel that someone else’s dress is sexually provocative, dirty, unprofessional or smelly, you should raise this discreetly with their manager or supervisor.
    
    Note that by definition no one asks to be harassed. If someone is wearing clothing that you think is overly sexual, it does not mean that you have the right to make sexual comments, leer at or touch them. Doing any of these things could amount to harassment.
     
14. Do we always have to include everyone in the things that we do at University (such as parties, going out for lunch, and so on)?
    
    No, not always. If you are having lunch or drinks with a few friends from University, you do not have to invite everyone. However, if someone or a group of people are deliberately left out from the activities of a whole group or section, because of their sex, race, sexual preference etc, this may constitute harassment.
     
15. Is it harassment if I touch someone or if I stand or sit close to them?
    
    It depends on where you touch them. It will almost certainly be harassment if you touch the sexual parts of someone’s body, or if you touch them in any other sexual way, against their will.
    
    Some people do not like to be touched at all - even if it is not in a sexual way. You should be sensitive to this. If someone does not like being touched, you should not touch them. Be sure that you ask first or closely observe their reactions.
    
    If someone tells you that they do not like being touched, and you continue to touch them, you could be charged with assault.
    
    You should also be careful about standing or sitting too close to someone else. People have different ideas about what they consider to be their personal space. A person may interpret it as harassment and/or intimidation if you stand or sit within what they consider to be their personal space
    
    It is very important that you be particularly careful about touching someone or standing or sitting too close to them if you are their manager, supervisor, lecturer or associate lecturer. It is very easy for people to misinterpret your actions if you are in a position of power over them. For more on this see Question 20.
     
16. If the majority of us like certain pictures (for example, nude pin-ups) on the walls, is that okay?
    
    No. Even if only one person (even a visitor) who sees them is offended, humiliated or intimidated by them, and they are likely to breach the Harassment Prevention Policy, they should not be there.
    
    If Heads of Department, other managers, or security staff see any material or graffiti on University property that they think could breach the Harassment Prevention Policy, they must report it to the Staff and Student Equal Opportunity Unit. Staff in that Unit will decide whether it should be removed. Other staff and students may report such material if they wish. If you do report material that you think could breach the Policy, staff in the Staff and Student Equal Opportunity Unit will decide whether it should be removed. It is not up to you to remove it.
     
17. Is it harassment to discuss and/or research things like racism and pornography?
    
    No – not if you are doing this for legitimate, academic purposes.
     
18. Is it harassment if I tell someone that their work or study needs improving?
    
    It depends on how you talk with or behave towards that employee or student. It is legitimate as a manager, supervisor or academic to raise with someone your concerns about their performance, but this must be done fairly and professionally.
    
    It could amount to harassment if you shout, swear at or belittle someone publicly in a way that is sexual, sexist, racist etc, or in a way that could affect their physical or mental health or safety. It could amount to harassment if you are harder on, and/or have higher standards for people of one gender, race etc, than you are or have for, people of another gender, race etc.
     
19. Is it harassment if I am given too much work or study to do?
    
    Work and study overload can cause people to feel stressed. However, being given too much work or study to do will generally only constitute harassment under the Harassment Prevention Policy if you are being singled out for the extra work because of your sex, race etc.
     
20. How do I avoid being wrongly accused of harassment by, for example, a student or staff member who is unhappy with my assessment of their work/studies?
    
    The majority of staff and students do not make false allegations of harassment. However, some may do so.
    
    To avoid being wrongly accused of harassment, you should make sure that all your assessment processes are scrupulously fair and transparent, and backed by appropriate record keeping. You should also make sure that any performance assessment interviews are conducted fairly, at an appropriate time and in appropriate University locations.
    
    In the event that you have real concerns that a particular student or staff member is so unhappy with your assessment of their work that they might retaliate with a false harassment charge, you should take care to leave your door open or conduct any interviews in the presence of another colleague. You may also wish to talk confidentially about your concerns with your Head of Department/Manager and/or the Student and Staff Equal Opportunity Unit.
     
21. What if someone accuses me of harassment when I have not done anything wrong, or did not mean anything by it?
    
    If a harassment complaint is made against you, the person resolving the complaint will ask you for your side of the story. The University will not take any disciplinary action against you unless there is some evidence that you did harass the person.
    
    The University will ensure that the complaint remains confidential to those involved in sorting it out, and do its best to ensure that you are not victimised in any way.
    
    However, you should be aware that behaviour that was not intended to be harassing can on occasions be considered harassing by another person, and may indeed breach the Harassment Prevention Policy. If this happens, the University may take some action against you, such as requiring you to apologise to the other person, or requiring you to attend counselling.
    
    There will be no record placed on your personal file if a complaint made against you is either unsubstantiated, or does not result in a disciplinary warning against you
     
22. Is it OK to use words like 'wog', 'girl', or 'love' if they are only used in a friendly way?
    
    Words like this may offend some people. Even if only one person is offended by these words, that person may be able to make a complaint of harassment against you. Do not use a word like this unless you are absolutely sure that everyone who might be able to hear you using the word does not mind.
     
23. Can’t we look at each other any more without it being interpreted as harassment?
    
    Looks that could intimidate, embarrass or put down a person have no place in the University environment. It does not take many seconds for a look to be interpreted as a leer.
     
24. What if someone tells me that something I have been doing for a while is harassing them, when they have not said anything before?
    
    You should apologise to them and tell them that you did not realise that your behaviour was upsetting them. You should also ask them to try to tell you straight away in future if something you are doing is upsetting or harassing them - but be aware that some people will find it very difficult to speak out against behaviour they find harassing. For example, it is not easy to speak out if you are worried that you will be seen to be the odd one out, the humourless one, the prude, etc.
     
25. Will it be the end of my career if I complain about, or help someone else complain about, harassment?
    
    Not if the University can help it. Provided you are not lying about the behaviour, the University will do its best to sort out the problem, protect you from any victimisation and make sure that you are able to continue with your work or study. The University will do this irrespective of the position or seniority of the alleged harasser.