Student Community Television Inc. (RMITV)

RMITV/Student Community Television Inc. Policies and Procedures 2008

Introduction

RMITV/SCT Inc. Producers’ recognise it is the right of every crew member or member of the association to be able to attend work and to perform their duties without being subjected to any form of sexual harassment.

Equally it is the obligation and responsibility of every member of the association to ensure that the workplace is free from sexual harassment.

RMITV/SCT Inc. Producers are fully committed to its obligations to eliminate sexual harassment in the workplace and in customer relations.

Purpose

The purpose of this document is to outline RMITV/SCT Inc.’s position on sexual harassment and to document the process which is to be followed should any grievances arise.

Authorisation

Board of Directors
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 Producer, 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.

“Volunteer” means any RMITV Member who is actively volunteering for the association. This also includes Volunteer Producers, who are paid an honorarium.

Policy

RMITV/SCT Inc. Producers will not tolerate sexual harassment under any circumstances. Responsibility lies with every Producer, Supervisor, Manager and member of the association to ensure that Sexual Harassment does not occur.

Most associations are subject to both federal and state EEO legislation, all of which provide that sexual harassment is unlawful. RMITV/SCT Inc. Producers consider that legislative obligations under the Acts establish minimum standards of behaviour for all crew member or member of the association.

The principles set out in this policy are intended to apply to any work-related context, including Outside Broadcasts, Studio tapings, work functions, social events and business trips.

No member at any level should subject any other member, customer or visitor to any form of sexual harassment.

A breach of this policy will result in disciplinary action. Depending upon the severity of the case, consequences may include apology, counselling, transfer, demotion, dismissal, or other forms of disciplinary action deemed appropriate.

RMITV/SCT Inc. Producers strongly encourage any crew member of member of the association who feels they have been sexually harassed 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 sexual 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 also has the right to have support or representation during any investigation, as well as the right 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 crew member or member of the association will be treated unfairly as a result of rejecting unwanted advances. Disciplinary action may be taken against anyone who victimises or retaliates against a person who has complained of sexual harassment, or against any crew member or member of the association who has been alleged to be a harasser.

All crew members and 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, Managers or Supervisors who fail to take appropriate corrective action when aware of harassment of a person will be subject to disciplinary action.

Definitions

Sexual harassment means any unwelcome sexual advance, unwelcome request for sexual favours, or other unwelcome conduct of a sexual nature which makes a person feel offended, humiliated or intimidated, and where that reaction is reasonable in the circumstances. Examples of Sexual Harassment could include but are not limited to:

intrusive enquires into a crew member or member of the association's private life
reference to their sexuality or physical appearance
unwanted body touching or physically molesting a person
standing too close
excessively lengthy handshakes
unwanted brushing against another’s body
indecent exposure
sexual assault
obscene, suggestive or offensive communications, including electronic mail
pornographic or offensive posters, handouts or screensavers
sexual jokes or anecdotes
leering or staring
unwanted sexual compliments or excessive flirting.

Sexual harassment is not behaviour which is based on mutual attraction, friendship and respect.

Responsibility

It is the Producer's responsibility to ensure that:

they understand and are committed to the rights and entitlements of all crew member or member of the associations to attend work and perform their duties, without fear of being sexually harassed in any form
all reasonable steps are made to eliminate sexual harassment
all crew members or members of the association are regularly made aware of their obligations in relation to providing a workplace free from sexual harassment
they provide an environment which discourages harassment and victimisation and set an example by their own behaviour
EEO Officers contacts are accessible to all members of the association (see Appendix A)
they treat all complaints seriously and confidentially
they take immediate and appropriate corrective action if they become aware of 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 sexual harassment
Producers are aware of their obligations and responsibilities in relation to sexual harassment, and the rights and entitlements of their crew members members of the association
ongoing support and guidance is provided to all crew members and members of the associations in relation to the prevention of sexual harassment.

Procedures

Complaint Process

Sexual harassment can occur at any level of the association, can be experienced by both men and women and may involve a co-worker, volunteer, Supervisor, Producer, service provider, client or customer. Lack of intent is no defence in sexual harassment cases.

Crew members or members of the association who believe they are the subject of sexual harassment should take firm, positive and prompt action.

If deemed appropriate, the crew 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.

If the behaviour continues, or if the crew member or member of the association feels unable to speak to the person(s) directly, they should contact their Supervisor/Producer. Alternatively a crew member or member of the association may contact the Human Resources Department a member of RMITV/SCT Inc’s Management Team with whom they feel comfortable with. 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 Producer will explain the crew member or member of the association’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 either 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 sexual 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. Relevant information 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 be 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 crew members or members of the association, volunteers or individuals who may be able to assist
interviews with Supervisor(s) or Producer(s)
examination of any relevant documents
determination of previous behaviours or issues.

The Producer should forward all evidence to the person conducting the investigation. Such evidence may include:

supporting evidence provided by a medical practitioner, counsellor, family member, friend or co-worker
Members’s reports and personnel records (e.g. unexplained request for transfer or shift changes, sudden increase in sick leave)
complaints or information provided by other employers or volunteers 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 Producer 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, 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 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 harassment
the weight of the evidence
the wishes of the person who was harassed
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 sexual harassment has occurred, the Producer must forward a summary of the complaint and the action taken to the Human Resources Manager. A copy may be placed in the respondent’s personnel file by the Human Resources Manager, in accordance with Performance Counselling procedures.

If there is insufficient proof to decide whether or not the harassment occurred the Producer will:

remind those involved of expected standards of conduct
conduct further training and awareness raising sessions for staff and volunteers
monitor the situation carefully.

The Producer 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 sexual harassment (e.g. sexual assault, stalking, indecent exposure, physical molestation, obscene phone calls) may constitute criminal conduct. While [name of association] is committed to treat most sexual 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.

In relation to alleged criminal offences such as rape or sexual assault, the matter must be referred to the Human Resources Department. Crew member or member of the associations/volunteers 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.