(1) This Procedure is effective from 23 February 2021. (2) This Procedure provides staff and associates with a fair, effective and accessible resolution process for complaints of discrimination, sexual harassment, victimisation and vilification. (3) This Procedure applies to all staff and associates of the University. (4) This Procedure does not apply to students of the University. Students may raise any concerns with Student Complaints and Appeals. Students may make a complaint by following the University's Student Complaints Resolution procedure. Allegations of student misconduct are dealt with through the Student Misconduct procedure. (5) This Procedure may be used by the University to respond to complaints/concerns raised by students about University staff and associates. The University may redirect complaints where it appears that the complaint could be more appropriately managed under a different procedure. The University has separate processes for bullying and other inappropriate workplace behaviours, for example, the Workplace Bullying Procedure. (6) This Procedure is pursuant to the Diversity, Equity and Inclusion policy. (7) If you believe you are experiencing discrimination, sexual harassment, victimisation or vilification you can: (8) Complaints must be lodged within 12 months of the incident unless exceptional circumstances exist that prevented earlier reporting. Timely reporting of complaints is important in order to ensure fair treatment of all involved. Where the last occurrence of the alleged discrimination, sexual harassment, victimisation or vilification falls outside the 12 months, contact Diversity, Equity and Inclusion for advice about options. (9) A supervisor may request an investigation where behaviours observed, or drawn to their attention by someone other than the complainant, could amount to discrimination, sexual harassment, victimisation or vilification. In these circumstances the matter will be referred to the Executive Director, Diversity, Equity and Inclusion who will determine whether an investigation or other response is appropriate. (10) A complaint cannot be made under this process if the same facts have already been investigated under another University process, for example, through the Workplace Bullying Procedure. (11) Complainants and respondents may seek the assistance of a support person at any stage during the complaints process. (12) The University acknowledges that complaint processes can be difficult for both complainants and respondents and strongly encourages people to seek support. Further information is available at Employee Wellbeing Support (EWS). (13) The Executive Director, Diversity, Equity and Inclusion (or nominee) will consider any requests for interim work arrangements and may advise the relevant manager to prevent any further risk to the health and wellbeing of any person involved. Such interim arrangements may include a change in reporting line, an alternative work location or other work arrangement. (14) Victimisation is unlawful. The University does not tolerate victimisation and will take reasonable steps to ensure that the complainant, respondent or other persons participating in the complaints resolution process are not victimised. (15) If a person believes they are being victimised they should immediately seek advice from their supervisor, a Harassment and Discrimination Contact Officer or Diversity, Equity and Inclusion. (16) The University encourages staff and associates to resolve complaints of discrimination, sexual harassment, victimisation and vilification as early as possible, directly and informally if it is appropriate and safe to do so. (17) A Harassment and Discrimination Contact Officer, a manager or supervisor or Diversity, Equity and Inclusion can assist with strategies for effective informal resolution. Strategies can include directly approaching the respondent to request a change in behaviour, requesting a manager to implement policy or request a change in the respondent's behaviour or to facilitate a discussion between staff/associates. (18) Where informal resolution has been unsuccessful, or is not appropriate, the staff member/associate or the supervisor may consult Diversity, Equity and Inclusion to assist with next steps. These may include coaching individuals on a one-to-one basis, or arranging a meeting facilitated by a supervisor where both parties can express their views and attempt, wherever possible, to repair the working relationship and work towards resolution. (19) If the next steps fail to resolve the complaint but there is willingness to try mediation or conciliation, the supervisor can inform the Executive Director, Diversity, Equity and Inclusion (or nominee) who will appoint an impartial mediator or conciliator to assist the parties to resolve the complaint in a separate second meeting. (20) Any resolution or agreements will be provided in writing to both parties and stored securely in Diversity, Equity and Inclusion. (21) If the complaint is not resolved, and the parties are not willing to try mediation or conciliation or these are not appropriate, the Executive Director, Diversity, Equity and Inclusion (or nominee) can determine the matter be dealt with through formal resolution via investigation. (22) Staff/Associates may write to the Executive Director, Diversity, Equity and Inclusion to seek formal resolution via investigation by emailing eeo@deakin.edu.au with the following information: (23) As soon as possible after receipt, the Executive Director, Diversity, Equity and Inclusion (or nominee) will appoint an Diversity, Equity and Inclusion Case Co-ordinator (Diversity, Equity and Inclusion Case Co-ordinator) who will: (24) The Executive Director, Diversity, Equity and Inclusion (or nominee) will consider all relevant information and take appropriate action. Actions include: (25) The Diversity, Equity and Inclusion Case Co-ordinator will advise the complainant in writing where alternative processes are applicable or where further action is declined and any reasons for the decisions. (26) Further action ceases where the complainant pursues the complaint in another forum. (27) The complainant may also withdraw the complaint at any time by writing to the Executive Director, Diversity, Equity and Inclusion (or nominee) stating that they wish to withdraw the complaint. (28) If the complaint proceeds to investigation, Diversity, Equity and Inclusion Case Co-ordinator will provide the respondent with a summary of the complainant's allegations and supporting information and give them the opportunity to provide a written response to the Diversity, Equity and Inclusion Case Co-ordinator within 5 business days from the receipt of the summary. (29) The Diversity, Equity and Inclusion Case Co-ordinator will provide a summary of the response to the complainant. (30) The Diversity, Equity and Inclusion Case Co-ordinator will recommend to the Executive Director, Diversity, Equity and Inclusion (or nominee) an Investigator from the pool of available external investigators. (31) If the respondent does not provide a response to the complainant's allegations, the Investigator will proceed on the basis of the information provided to them. (32) The Diversity, Equity and Inclusion Case Co-ordinator will advise the complainant and respondent of the name of the Investigator and confirm next steps including possible investigation findings as per 34 (d). (33) Subject to the specific circumstances of each case, the Investigator will: (34) The Investigator will provide the Executive Director, Diversity, Equity and Inclusion (or nominee) with a confidential report usually within 20 working days from the Investigator's receipt of the complaint. The report will include: (35) The Executive Director, Diversity, Equity and Inclusion (or nominee) will consider the report and decide actions to be taken, including any recommendation to pursue disciplinary action in accordance with the Staff Discipline policy. (36) The Executive Director, Diversity, Equity and Inclusion (or nominee) will advise both parties of the decisions and provide a confidential summary of the Investigator's report to each and the relevant manager/s. (37) Staff have responsibilities to: (38) Supervisors have additional responsibilities to: (39) Vexatious complaints are complaints made in bad faith; they can hurt and disrupt another person's life in such a way that their career can be damaged and may result in psychological injury. Vexatious complaints are a form of misconduct. As such, disciplinary action in accordance with the Staff Discipline policy will apply where complaints are found to be vexatious. (40) A confidential record of any agreements, reports or other documentation related to the complaint will be retained by Diversity, Equity and Inclusion. (41) Diversity, Equity and Inclusion will report annually to the Vice-Chancellor and the Director, Internal Audit on all complaints, identified trends and systemic issues as well as improvements, remedies and preventative actions. (42) For the purpose of the Procedure:Discrimination, Sexual Harassment, Victimisation and Vilification (Staff) Complaints procedure
Section 1 - Preamble
Section 2 - Purpose
Section 3 - Scope
Section 4 - Policy
Section 5 - Procedure
Resolution processes
Informal resolution
Formal resolution via investigation
Responsibilities of staff
Responsibilities of supervisors
Vexatious complaints
Record keeping, reporting and monitoring
Section 6 - Definitions
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