BULLYING, SEXUAL HARASSMENT AND DISCRIMINATION
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B U L LY I N G , S E X U A L H A R A S S M E N T A N D D I S C R I M I N AT I O N 2021 A reference guide for Australian National University medical students on the definitions, policies and avenues for reporting bullying, sexual harassment and discrimination. Medical School ANU College of Health & Medicine
Bullying, sexual Our staff and students have the right to be part of a safe and respectful university. harassment and Sexual assault, sexual harassment, bullying and discrimination have no place here. As your Vice-Chancellor, I am affirming discrimination that the University will not shy away from talking and acting on these issues. have no place at I want to congratulate the ANU Medical School leadership, staff and students the ANU Medical for developing this reference guide as a practical way of dealing with these issues. School Professor Brian Schmidt AC Vice-Chancellor Bullying, harassment and discrimination are reported nowadays more frequently to occur in workplaces, as well as in universities. It takes knowledge to differentiate between unpleasant behaviour and that of bullying, harassment and discrimination. It takes courage to speak up against and/or report such behaviour. As a Medical School we have a responsibility to the profession, colleagues, students and the public to maintain high standards of behaviour. We take any reports of witnessed or experienced bullying, harassment and discrimination seriously and will address them. Through the courage of students, we have been able to identify and manage unprofessional behaviours and are continuing to work towards safe and respectful teaching environment for all. We want you to continue to work with us and have the courage to inform us of any experienced or witnessed unwanted behaviours. It is our responsibility to ensure a safe teaching environment for you and can do so with your help. Professor Zsuzsoka Kecskes Director, ANU Medical School Bullying, Sexual Harassment and Discrimination 1
The Australian National University is Bullying can cover a range of behaviours, committed to ensuring that staff and both subtle and overt. It is considered to students are treated with integrity be any behaviour that is unreasonable and respect. All members of the ANU and undesirable. community have the right to work and Bullying generally meets the study in an environment free from following criteria: discrimination, sexual harassment and bullying. These behaviours are not > It is repeated. tolerated under any circumstances, and > It is unwelcome and unsolicited. ANU will take action against any staff member or student who is found to have > A reasonable person would breached ANU policy. Medical students consider the behaviour to be are encouraged to raise any concerns offensive, intimidating, humiliating regarding bullying, sexual harassment or threatening. and discrimination with the expectation > It has the potential to cause that problems will be addressed in a harm to the person experiencing timely and fair manner. the behaviour. Examples of bullying include: What is bullying, > Putting someone down and sexual harassment humiliating a person through verbal and discrimination? abuse, gestures, sarcasm, teasing and insults, often in front of others. What is bullying? > Unjustified criticism or complaints. > Deliberately excluding someone from workplace activities or denying them access to information or other resources. It is important to acknowledge that an isolated instance of bullying behaviour may appear subtle or inconsequential but, when it forms part of a larger, unwelcome pattern, it is bullying nonetheless. 2 ANU College of Health & Medicine
What is not bullying? feeling humiliated, intimidated or offended. It can involve physical contact It is also important to differentiate or verbal remarks of a sexual nature. between bullying and a person’s legitimate work authority. All supervisors Examples of sexual harassment include and academics can provide legitimate > Staring, leering or comment, criticism, advice and feedback unwelcome touching on student performance or behaviour. Throughout the course of your medical > Suggestive comments or jokes career there will be differences of opinion > Inappropriate or unwanted invitations between supervisors and students, to go out on dates or requests for sex however criticism and feedback should always be delivered in a respectful > Intrusive questions or comments manner that does not humiliate or about a person’s private life, clothing intimidate the recipient. If you are ever or body unsure if a behaviour is or is not bullying, > Unnecessary familiarity, such as it is a good idea to discuss the behaviour deliberately brushing up against with a trusted colleague, the ANU a person Medical Students’ Society Equity Officer, or a trusted supervisor. What is discrimination? What is sexual harassment? Discrimination is different to bullying but can intersect with it. Discrimination Sexual harassment is any unwanted, occurs when a person or group of people unwelcome or uninvited behaviour of are treated less favourably than another a sexual nature that results in a person person or group on the basis of race, gender, sexuality, gender identity, intersex Bullying, Sexual Harassment and Discrimination 3
status, ethnic or religious background, take, both to seek personal resolution disability, disease, age or other and change the culture around characteristic endemic to that individual these behaviours. or their relationship to someone with these characteristics. The key feature that Support networks distinguishes discrimination from bullying is that discrimination may occur as a single event. Examples of discrimination include disadvantaging someone based on the above by: > Being dismissive, denying opportunities > Excluding or isolating someone > Withholding information or > Subjecting someone to taunts First and foremost, it is essential to seek or abuse that reference the support. Find someone whom you feel protected attribute safe talking to – this might be friends, family, members of the ANU Medical Students’ Society, or any of the contacts listed on page 14. What can I do about it? Our priority is to nurture a safe The ANU Medical Students’ Society environment that encourages and the ANU Medical School are conversations around this subject matter. striving to create a community that is We want you to feel safe and comfortable free from bullying, sexual harassment expressing your concerns no matter and discrimination. Experiencing or how big or small you perceive them to witnessing these behaviours can be be. What may seem to be a rather trivial overwhelming, disempowering and gesture or comment may turn out to stressful and we want you to know that be an early warning sign of harassing we are here to offer support in any way behaviour if a certain pattern is identified that we can. through informal conversations. Contrary to that, what may be perceived as a If you do witness or experience bullying, rather offensive comment or gesture in sexual harassment or discrimination, our social culture may be perceived as there are several actions you can 4 ANU College of Health & Medicine
totally benign in other social cultures and of their actions and, once identified, although is not acceptable or justifiable they may modify their behaviour behaviour, it may simply mean that the leading to greatly improved working individual needs further education to get relationships for both parties. accustomed to the rules and regulations If the matter cannot be resolved by of the social culture they are now a these steps, or you feel unsafe talking part of. to the other person, talk to your year coordinator, tutor, clinical or academic Informal resolution supervisor. Even informal reports will be acted upon. Someone from the Medical School will have an informal talk to the other person involved to inform them of concerns about their behaviour. This often leads to change. We will maintain your confidentiality and not reveal your name, unless you agree to this. You may not hear specifics about the nature or outcome of this discussion but will be informed when we address the issue. If you feel comfortable trying to address If none of these options seem suitable the matter yourself, options for informal you can contact an independent person resolution include: such as the ANU Dean of Students, who can provide confidential advice external > Seeking the advice of a trusted to the Medical School. person to decide on appropriate responses and strategies to address the behaviour if it occurs again. Formal complaint This may include people such as the ANU Medical Students’ Society Equity Officer or an academic faculty member, including your year coordinator and the wellbeing academic lead. > Speaking directly to the person concerned. In many instances, the perpetrator does not realise the effect Bullying, Sexual Harassment and Discrimination 5
If informal processes have failed to interviews will be discussed with the resolve or adequately address the issue, Dean of the ANU College of Health or you feel these processes are not & Medicine and the Director of the applicable or safe, a formal complaint can ANU Medical School be raised in line with ANU procedures. –A NU has a code of conduct and The steps involved in making a formal very clear policies on behaviour. If complaint are as follows: the alleged behaviour is misconduct, > Contact the ANU Medical Students’ the concern will be escalated to the Society Equity Officer, a member appropriate unit. There are rigorous of the academic faculty listed in policies and procedures in place contacts on page 14, the Director that outline how the University of the Medical School or the ANU implements strategies to eliminate Dean of Students for advice. These discrimination, bullying and contacts can assist you by providing harassment (refer to the Reference or helping you access additional List in this booklet). support and initiating the formal –T he University will respond promptly compaints process. to reports and take timely action > After the lodgement of a formal within its authority to ensure complaint the following will occur: peoples’ safety. Investigations and the application of outcomes will – You will be contacted and offered operate in accordance with the support and a face-to-face Discipline Rule 2018 meeting with an independent and experienced faculty member – We will try to protect your will be arranged. The immediate confidentiality as much as possible, priority is your safety, and we however a person accused of recognise that you may be worried unwanted behaviour also deserves about confidentiality and future procedural fairness. The allegation repercussions. We want to reassure will be communicated to them; they you that it is safe for you to raise will be offered the opportunity to your concerns and that meetings respond and they may find out your will be strictly confidential name(s) – In general, an independent – If substantiated, appropriate investigator from within the ANU action will be taken to address will be assigned to investigate your the behaviour in partnership with complaint. This person will conduct your preferences and wishes. interviews and the findings of these The ANU Medical School takes 6 ANU College of Health & Medicine
bullying, sexual harassment and Further avenues for help discrimination very seriously, and, depending on the nature of the incident, consequences may include training, counselling, suspension of teaching and learning activities, removal of academic title and/ or termination of employment or enrolment. – You will not find out what actions have been taken, as we also need to maintain the confidentiality of the accused person. You will, however, know that an investigation has After the completion of the formal taken place and that actions, if complaint process, if you do not believe appropriate, have been taken the situation has been adequately or appropriately resolved, there are further – Either party can appeal the findings avenues that can be utilised: if they decide this is warranted > The matter can be referred in writing – If any aspect of the complaint to the Deputy Vice-Chancellor possibly constitutes a criminal act (Academic); however, advice from the the investigator can, in consultation Dean of Students should be sought with you, refer the matter to the before this occurs. relevant agency (usually the Australian Federal Police) and > If the matter relates to bullying, the investigator will provide you harassment or discrimination based further information on that process on sexuality, gender identity, intersex as required status, disability, race or age, a complaint can be made directly – If allegations are about sexual to the Australian Human Rights violence or sexual harassment, the Commission.Ph: 1300 656 419, web: Respectful Relationships Unit can www.humanrights.gov.au/complaint- provide support to you and assist information with any investigation. > The ACT Ombudsman is able to investigate complaints of unreasonable administrative actions Bullying, Sexual Harassment and Discrimination 7
taken by ANU towards students. Anonymous reporting Complaints can be made online: https://www.ombudsman.act.gov.au > Contact the claims department of your medical defence insurer for impartial and independent advice (this can be done at any stage). > If you are involved in making a formal complaint, you are asked to: – Follow the complaint and resolution process outlined in this document as far as practical, noting that every The ANU Medical School has a duty of situation will be different. care to ensure the welfare of students. Anonymous reporting prevents continued – Actively participate in attempts to support and follow-up and impedes resolve your grievance. natural justice for the victim and the – Refrain from victimising or harassing alleged perpetrator. If you feel, however, the alleged perpetrator or others that none of the options described involved in resolving the grievance. above will work, please still seek support and consider contacting the ANU – Recognise that the principles Medical Students’ Society Equity Officer of procedural fairness must be anonymously, confidentially or through a followed for all parties third person at studentequity.medicalschool@anu.edu.au Our primary concern is your welfare, and we want to make sure you get the support that you need. 8 ANU College of Medicine, Biology & Environment
I suspect no action will be taken … ANU and the ACT Government, including ACT Health and all health services, have a zero tolerance policy Reasons you might for bullying, sexual harassment and not report bullying, discrimination in the workplace. All sexual harassment and complaints must be investigated discrimination, and the and, if substantiated, there will be consequences for perpetrators. The reasons why you should approach and actions taken by the ANU Medical School in cases of varying complexity over the recent years are a clear demonstration of its It could affect my career … advocacy in the best interest of its students and staff. This is a common fear for both victims and their trusted friends or family, and can discourage reporting, but is rarely true. Bullying behaviour is often associated with an overinflated belief of the bully’s I don’t want to upset relationships own self-importance. within the workplace … ANU will make every effort to ensure Although you may feel isolated, if you that making a complaint does not are being bullied, sexually harassed adversely affect your career. or experiencing discrimination you are probably not alone. In all likelihood there are other people in your workplace feeling just like you, hoping that someone will speak up and put a stop to the behaviour. By reporting the behaviour, you can empower other students and staff to speak up about how they are feeling, and this will have a positive impact on the workplace. Bullying, Sexual Harassment and Discrimination 9
Managers seem to accept the behaviour … There is a zero-tolerance approach to bullying, sexual harassment and discrimination within ANU in all years of study and within all organisations where students undertake placements. I saw it, but it didn’t actually Managers or academics who do happen to me. I don’t want to not address these behaviours break anyone’s confidentiality or are neglecting their obligations, cause trouble by saying anything and bullying, sexual harassment … and discrimination should still be reported. Supportive bystanders should look for ways to speak up safely and respectfully. Exactly how will differ according to the situation, but it shouldn’t be up to victims alone to speak out. Try to support the person who is being bullied, harassed or discriminated against I don’t want to create a hassle for and, if appropriate, offer to help my supervisor … them report it. You can also use the same informal and formal Managers or academics may not complaint processes yourself while be aware of the behaviour, or they maintaining confidentiality for may be involved in the inappropriate the victim. conduct. Feeling guilty that your action may have negative repercussions for perpetrators, your supervisor, manager and/ or academic staff is a common experience for victims, but this is not your guilt to carry. 10 ANU College of Health & Medicine
I don’t want my name to I was alone with the perpetrator be known. Can I make an so I have no witnesses to believe anonymous complaint? … that my concerns were real; no You can report your concerns one will believe me … anonymously through the ANU You can make a note of the direct Medical Students’ Society Equity verbatim used towards you or a Officer. However, this may not allow detailed description of the actions us to get more details to advise you or gestures conducted that made on next steps. Even an anonymous you feel uneasy. Discuss these formal complaint can often not be notes with a person with whom addressed appropriately as we you hold mutual trust. If several cannot contact you. Anonymous individuals, unknown to each other, complaints cannot be investigated observe similar behaviours, soon and resolved. However, if someone enough this no longer remains behaves inappropriately, it is likely the isolated case one may have that they have done it before and believed it to be. to others. It is therefore unlikely they will know exactly who has put in the complaint. Talking to us is the best step. We will protect your identity and advise you on the next steps. We will also give you advice on identifying yourself in a formal complaint. Please remember that staff and students also need to adhere to a code of conduct and this should protect you. Any further unwanted behaviours from any person will be dealt with much more seriously. Bullying, Sexual Harassment and Discrimination 11
Some reasons you should consider to report unacceptable What do I do if I behaviour: am experiencing or witness It helped me to regain control of bullying, sexual harassment or my life ... Fear of negative career consequences is a major barrier to victims coming forward; however, if discrimination? you are the victim of bullying, sexual harassment or discrimination, it is likely that the behaviour is already having an effect on both your If you have been assaulted, please personal life and career. Although contact the Australian Federal it is extremely difficult to do, by Police urgently. coming forward you have the Any police matter will be dealt with opportunity to break this painful through the AFP. ANU may be informed to cycle and regain control. assist with any investigation. I made the workplace better for everyone ... A workplace can only address Informal resolutions problems it is aware of. By reporting There are different options: bullying, sexual harassment, and discrimination you are helping to a. Seek advice from a trusted person make the ANU a fairer and more > ANU Medical Student Society supportive learning environment Equity Officer for everyone. studentequity.medicalschool.anu.edu.au Year Coordinators: Dr Zan-Min Song Dr Brett Scholz 12 ANU College of Health & Medicine
Dr William Huang Dr Selina Watchorn Please don’t suffer in (for contact details see page 14) silence. Any person > Clinical Skills Coordinators who has concerns Dr Michelle Barrett Dr Janelle Hamilton about behaviour they Dr Dianne Willis have experienced, > Associate Dean Phase 1: or witnessed has a Dr Karin Messerle number of options > Associate Dean Phase 2: available for support Dr Nicholas Taylor and to try to resolve the > Director Medical School matter quickly and effectively. > Deputy Director Medical School > ANU Dean of Students If informal resolutions have not > Another contact person you feel resolved the issue, you feel unsafe or comfortable speaking with including the behaviour is serious those listed on page 15. b. Speak to the person 1. Formal complaint concerned directly Contact either (via e-mail or in person): c. C ontact medical defence > ANU Medical Students’ Society organisations Equity Officer If the matter remains unresolved, > Year Coordinator consider a formal complaint. > Clinical Skills Coordinators > ANU Medical School Director or Deputy Director This person will support you and tell you more about your options. Together you can decide if you want to make a formal complaint. Bullying, Sexual Harassment and Discrimination 13
C O N TA C T S 2. Still not resolved? For more information, help, or advice on reporting there are a number of resources Hopefully informal resolution strategies that can be utilised: or a formal complaint will adequately address the behaviour. If not, there are Student Contacts still options available: ANU Medical Students’ Society > ANU Deputy Vice-Chancellor Equity Officer (Academic) E studentequity.medicalschool@anu.edu.au > ACT Ombudsman > Australian Human Rights Commission (for complaints relating ANU Medical School to discrimination) Year Coordinators > Medical defence organisations are Year 1 Academic Coordinator also able to provide help and advice Dr Zan-Min Song to resolve these types of problems. T (02) 6125 4963 E zan-min.song@anu.edu.au Year 2 Academic Coordinator Dr Brett Scholz T (02) 6125 5753 E brett.scholz@anu.edu.au Year 3 Academic Coordinator Dr William Huang T (02) 5124 0000 E william.huang@anu.edu.au Year 4 Academic Coordinator Dr Selina Watchorn T (02) 5124 0000 E selina.watchorn@anu.edu.au 14 ANU College of Medicine, Biology & Environment
Wellbeing Academic Lead- Student Deputy Director Welfare Committee A/Professor Alexandra Webb Dr Nicola Schembri T (02) 5124 4966 T (02) 5124 3655 E alexandra.webb@anu.edu.au E nicola.schembri@anu.edu.au Other Academic Faculty Academic Support Staff Phase 1 Clinical Skills Coordinator, Year 1 These academic staff members are Dr Michelle Barrett passionate about equity and are happy T (02) 5124 3361 to be contacted: E michelle.barrett@anu.edu.au Prof Kirsty Douglas Phase 1 Clinical Skills Coordinator, Year 2 T (02) 5124 4946 Dr Janelle Hamilton E kirsty.a.douglas@anu.edu.au T (02) 5124 3361 E janelle.hamilton@anu.edu.au Prof Klaus-Martin Schulte T (02) 5124 4939 Phase 2 Clinical Skills Coordinator, Year E km.schulte@anu.edu.au 3/4 Dr Dianne Whiteman Willis Dr Karin Messerle T (02) 5124 3655 T (02) 6125 7435 E dianne.willis@anu.edu.au E karin.messerle@anu.edu.au Phase 2 Medical Advisor - Canberra Dr Nicholas Taylor Hospital T (02) 5124 0000 Dr Alexandra Tyson E nicholas.taylor@anu.edu.au Canberra Sexual Health Centre T (02) 5124 2184 Prof Christine Phillips E alexandra.tyson@anu.edu.au T (02) 6125 7665 E christine.phillips@anu.edu.au ANU Medical School Leadership Director Clinical A/Prof Sarah Martin Professor Zsuzsoka Kecskes T (02) 5124 0000 T (02) 6125 2622 E sarah.martin@anu.edu.au E director.medicalschool@anu.edu.au Ms Karlee Johnston E karlee.johnston@anu.edu.au 15 ANU College of Health & Medicine Bullying, Sexual Harassment and Discrimination 15
Contacts outside the ANU assistance with any personal or academic Medical School matters including advocacy and legal advice. ANU Dean of Students – available T (02) 6125 2603 for confidential advice and reporting E parsa.assistance@anu.edu.au external to the Medical School. The Dean of Students can act as a neutral intermediary between students and the ANU Counselling Centre – offers free university and can assist in determining and confidential counselling to all the best way of addressing complaints. ANU students. T (02) 6125 4184 T (02) 6125 2442 E dean.students@anu.edu.au Respectful Relationships Unit Medical defence organisations − offer is available for support and any free membership to medical students investigation into sexual violence and and are able to provide free legal sexual harassment. advice to students before and during T (02) 6125 7870 the submission of formal complaints. E respect@anu.edu.au The extent of representation depends on the organisation and individual circumstances, but the claims Canberra Rape Crisis Centre - they offer department (usually available 24hrs) can confidential advice and support on sexual provide more information. harassment of all nature, which does not need to culminate in sexual violation or rape. T (02) 6247 2525 (7am-11pm) For emergency counselling support E crcc@crcc.org.au Dealing with bullying, sexual harassment https://www.crcc.org.au and discrimination can take a significant toll on your mental health and physical Your own GP – don’t forget to stay in wellbeing. If you do experience mental ill- contact with your GP. If you don’t have health please reach out to someone you a regular GP, you can utilise the Doctors’ trust. If support is needed urgently there Health Advisory Service ACT are 24 hr services available including: (0407 265 414 – 24hr service) Beyond Blue Support Service PARSA – has professionally trained T 1300 224 636 staff to provide free and confidential 16 ANU College of Health & Medicine
Lifeline - crisis support and suicide Other resources prevention T 13 11 14 What you can do to stop bullies – be a supportive bystander: Violence, Canberra Rape Crisis Centre Harassment and Bullying fact sheet. (7am – 11pm) Australian Human Rights Commission. Text Only 0488 586 518 Feedback If you experience sexual assault This booklet has been developed for There are people who can give you students, by students. If you identify specialist advice and support. Even if you information that is incorrect or other are not ready to report the assault, you information that you think needs to be should seek medical assistance as soon included, let us know! Please provide as possible after the event. feedback and ideas surrounding the content of this document to the ANU Canberra Rape Crisis Centre Medical Students’ Society Equity (7am – 11pm) Officer at: Text Only 0488 586 518 studentequity.medicalschool@anu.edu.au NSW Rape Crisis Centre (24hrs) T 1800 424 017 References Service Assisting Male Survivors of Sexual Assault Australian National University Procedure: T (02) 6287 3935 Prevention of discrimination, harassment and bullying Canberra Sexual Health Centre T (02) 5124 2184 Australian National University Student Complaint Resolution Policy Emergency Medical Care Canberra Hospital Australian National University - Policy: T (02) 5124 0000 Student Critical Incident AFP Sexual Assault Team ACT Government Public Sector T 13 14 44 Employment Framework Portal. Resolving workplace issues NSW Police Assistance Line T 13 14 44 ACT Government-Fact sheet: Feeling Safe and Supported on Clinical Placement Bullying, Sexual Harassment and Discrimination 17
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C O N TA C T U S Medical School ANU College of Health & Medicine Florey Building, 54 Mills Road Acton ACT 2601 The Australian National University T 02 6125 2622 E director.medicalschool@anu.edu.au W medicalschool.anu.edu.au CRICOS Provider #00120C
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