Introduction
RMITV/SCT Inc.
RMITV/SCT Inc. Producers recognise that it is the right of every member of the association to be able to attend work and to perform their duties without being subjected to any form of discrimination or harassment.
Equally it is the obligation and responsibility of every member of the association to ensure that the workplace is free from discrimination and harassment.
RMITV/SCT Inc. Producers are fully committed to their obligations to eliminate discrimination and harassment in the workplace and in customer relations.
Purpose
The purpose of this document is to outline RMITV/SCT Inc's position on discrimination and harassment and to document the process which Producer's must follow should any grievances arise that involve RMITV/SCT Inc members working on their productions.
Authorisation
General Manager
RMITV/SCT Inc
Interpretation
"RMITV/SCT Inc." shall mean RMITV/Student Community Television Incorporated.
"The Association" shall mean RMITV/Student Community Television Incorporated.
"The Board" shall mean the Board of Directors of Student Community Television Incorporated.
"Manager" shall mean a Head of Department, and is also inclusive of the General Manager, unless otherwise specified.
"Management" shall mean the RMITV/Student Community Television Inc. Management Team.
"Member" means a current paid member of the Association.
"Staff Member" shall mean members of Management, as well as their assistants.
"Producer" shall mean the Producer of an RMITV/SCT Inc. approved show.
"RMIT" means RMIT University.
Policy
Discrimination in the workplace is specifically prohibited. Producers will not tolerate any form of discrimination, or victimisation under any circumstances. The responsibility lies with every Producers, and member of the organization to ensure that discrimination or victimisation does not occur.
Harassment does not have any legitimate workplace function. Producers will not tolerate harassment under any circumstances. The responsibility lies with every Producers member of the association to ensure that harassment does not occur.
RMITV/SCT Inc. Producers considers that legislative obligations under the Acts establish minimum standards of behaviour for employees.
The principles set out in this policy are intended to apply to any work-related context, including conferences, location and studio shoots, work functions, social events and business trips.
A breach of this policy will result in disciplinary action, suspension of membership, or expulsion from the association. Depending upon the severity of the case, consequences may include apology, counselling, transfer, demotion, dismissal, or other forms of disciplinary action deemed appropriate.
Producers strongly encourage any member of the association who feels they have been harassed whilst working on an RMITV/SCT Inc approved production, to take action, preferably by making it clear that such behaviour is unwelcome and offensive; alternatively, or in addition, follow the procedures for reporting the behaviour.
Any reports of harassment will be treated seriously and promptly with sensitivity and complete confidentiality. Complainants have the right to determine how to have a complaint treated, have support or representation throughout the process, and the option to discontinue a complaint at any stage of the process.
The alleged harasser will be given the right to have a support person of their own during any investigation procedures, to representation and advice throughout the process and to respond fully to any formal allegations made. There will be no presumptions of guilt and no determination made until a full investigation has been completed.
No member of the association will be treated unfairly as a result of complaining of discrimination or harassment. Disciplinary action may be taken against anyone who victimises or retaliates against a person who has complained of discrimination or harassment, or against any member who has been alleged to be a harasser.
All members of the association reserve the right to seek the assistance of the relevant tribunal or legislative body to assist them in the resolution of any concerns.
Producers who fail to take appropriate corrective action when aware of discrimination or harassment of a person will be subject to disciplinary action.
Definitions
Discrimination is treating an individual with a particular attribute less favourably than an individual without that attribute or with a different attribute under similar circumstances; also, seeking to impose a condition or requirement on a person with an attribute who does not or cannot comply, while people without that attribute do or can comply.
Harassment is uninvited, unwelcome behaviour, which does not have any legitimate workplace function. Harassment includes any written, physical, or verbal conduct that from the perspective of a reasonable person is intimidating, offensive or humiliating against another person.
Responsibility
It is the Producers responsibility to ensure that:
- they understand and are committed to the rights and entitlements of all members of the association to attend work and perform their duties, without fear of being discriminated against or harassed in any form
- all reasonable steps to eliminate discrimination and harassment are made
- all members of the association are regularly made aware of their obligations in relation to providing a workplace free from discrimination or harassment
- they provide an environment which discourages harassment and victimisation and set an example by their own behaviour
- all complaints are treated seriously and confidentially
- they take immediate and appropriate corrective action if they become aware of any offensive action.
It is the members' responsibility to ensure that:
- they understand and are committed to the rights and entitlements of all staff members and members of the association to attend work and perform their duties without fear of being discriminated against or harassed in any form
- they provide an environment which discourages victimisation, discrimination and harassment
- they immediately report any offensive action.
It is the Human Resources Manager's responsibility to ensure that:
- guidance and education is provided, where requested and/or appropriate, to cases and subsequent decisions relating to discrimination or harassment
- management, producers, staff members and members of the association are aware of their obligations and responsibilities in relation to discrimination or harassment, and the rights and entitlements of their employees
- ongoing support and guidance is provided to management, producers, staff members and members of the association in relation to the prevention of discrimination or harassment.
Procedures
Complaints Procedures
Current legislation states that it is illegal to discriminate, victimise, harass or vilify on the basis of:
- sex
- sexual harassment
- pregnancy
- potential pregnancy
- marital/domestic status
- disability
- race, colour, national extraction, social origin, descent, and ethnic, ethno-religious or national origin
- age, compulsory retirement
- family responsibilities, family status, status as a parent or carer
- racial vilification
- homosexual vilification
- HIV/AIDS vilification
- religious belief or activity
- political belief or activity
- physical features
- industrial activity;
- employer association activity
- trade union activity
- breastfeeding
- sexuality
- transsexuality
- transgender;
- profession, trade, occupation or calling
- medical record
- criminal record
Discrimination and harassment can occur at any level of the association, can be experienced by both men and women and may involve a co-worker, a volunteer, Supervisor, Manager, service provider, client, producer or customer. Lack of intent is no defence in discrimination or harassment cases.
Formerly agreed behaviour may be found to be harassment or discrimination when it continues after a request from the recipient for the behaviour to stop, or at the point it becomes intimidating, offensive or humiliating.
Members who believe they are the subject of discrimination or harassment whilst working on an RMITV/SCT Inc Production should take firm, positive and prompt action.
If deemed appropriate the staff member or member of the association should make the perceived harasser(s) aware that they find their behaviour offensive, unwelcome, unacceptable, and that it needs to stop immediately the behaviour continues, or if the member of the association feels unable to speak to the person(s) directly, they should contact the Producer of the concerned production. If they do not feel comfortable contacting the producer, they may contact a member of RMITV/SCT Inc's Managementor a member of the Board of Directors. If the member contacts the aforementioned RMITV/SCT Inc representatives, then they must from this point onwards disregard the "RMITV/SCT Inc. Bullying Policy (Productions) and instead utilise the "RMITV/SCT Inc Bullying Policy." The Producer will provide support; ascertain the nature of the complaint and the wishes of the complainant. The complainant does not have to request a full formal investigation if they will be satisfied by less formal treatment of the issue.
Informal Intervention
The Manager will explain the member's rights and responsibilities under the association's policy, procedures and EEO/anti-discrimination legislation.
Informal Intervention may be done through a process of either mediation or conciliation. During Informal Intervention the respondent will be made aware of the allegations being made against them and given the right to respond.
This procedure will be complete when the alleged harasser respects the individual's request to cease unwanted and unwelcome behaviour. If this does not occur, the formal procedure should be followed.
Formal Complaints Procedure
Proceeding with a formal complaint requires the consent of the person complaining, particularly as witnesses or Management may become involved. The formal procedure will be co-ordinated by the Producer who will be guided by the Human Resources Manager. The Human Resources Manager does not need to know the specific details of the discrimination or harassment case to provide this guidance.
The Producer should clarify the complaint and obtain a step-by-step account of the incident. In serious cases, more than one interview may be necessary.
The Producer will document all such interviews accurately and avoid irrelevant information. This will include parties involved, timing, location, and nature of conduct complained against.
Records are to be kept and filed in a confidential and secure place. If no confidential area is available these notes may be sealed and forwarded to the Human Resources Manager, where they will be maintained, unopened, in a confidential filing system. These records should be kept for a period of seven years. Under no circumstances will records be placed on the complainant's personnel file.
The Producer will organise an investigation, which in most cases may involve but is not limited to:
- a private interview to ascertain the facts and what the complainant expects to happen as a result of making the complaint
- an interview with the alleged harasser(s) to ascertain their defence
- interviews with other staff members, members of the association or individuals who may be able to assist
- examination of any relevant documents
- determination of previous behaviours or issues.
All evidence should be forwarded to the person conducting the investigation. Such evidence may include:
- supporting evidence provided by a medical practitioner, counsellor, family member, friend or co-worker
- Manager's/Producer's reports and personnel records (eg unexplained request for transfer or shift changes, sudden increase in sick leave)
- complaints or information provided by other members about the behaviour of the alleged harasser
- records kept by the person claiming to have been harassed
- information on whether the evidence was presented by the parties in a credible and consistent manner
- information on the absence of evidence where it should logically exist.
On completion of the investigation the complainant and the Manager will determine a course of action to be taken. In most cases this will involve guidance from the Human Resources Manager.
Possible course of actions may include, but not be limited to, any combination of the following:
- counselling
- disciplinary action against the harasser (eg demotion, transfer, suspension of membership, probation or dismissal)
- official warnings that are noted in the harasser's personnel file
- disciplinary action against the person who complained if there is strong evidence that the complaint was vexatious or malicious
- formal apologies and undertaking that the behaviour will cease
- conciliation/mediation conducted by an impartial third party where the parties to the complaint agree to a mutually acceptable resolution
- reimbursing any costs associated with the discrimination or harassment
- re-crediting any leave taken as a result of the harassment
Outcomes will depend upon factors such as:
- the severity and frequency of the discrimination or harassment
- the weight of the evidence
- the wishes of the person who was subjected to discrimination or harassment
- whether the harasser could have been expected to know that such behaviour was a breach of policy
- the level of contrition
- whether there have been any prior incidents or warnings.
The Producer will advise all relevant parties of the outcome.
If the investigation determines that discrimination or harassment has occurred, the Producer must forward a summary of the complaint and the action taken to the RMITV/SCT Inc. Human Resources Manager and the Board.
Human Resources may place a copy in the respondent's personnel file, in accordance with Performance Counselling procedures.
It will be the Board's responsibility to asses the investigation and they will decide if further action needs to be taken, in accordance with the Student Community Television Inc Constitution. This could result in the expulsion of the harasser(s).
If there is insufficient proof to decide whether or not discrimination or harassment occurred, the Producer will:
- remind those involved of expected standards of conduct
- conduct further training awareness raising sessions for staff and volunteers
- monitor the situation carefully.
The Manager will monitor the outcome to ensure that the offensive behaviour has ceased, and that neither party has been victimised. This may involve follow-up interviews. If there has been any substantiated victimisation disciplinary Procedures will be followed.
Procedures for Dealing with Criminal Conduct
Some forms of severe harassment, eg physical attack, obscene phone calls, may constitute criminal conduct. While RMITV/SCT Inc. is committed to treat most harassment complaints at a company level as far as possible, this type of conduct is not suited to internal resolution. Such complaints should be treated by the criminal justice system. Members of the association should be advised of the option of police support or intervention. It is not the obligation or duty of the company to report such matters to the police on behalf of the complainant.