Policy

Kickstart Coaching will not tolerate sexual harassment in the workplace. While sexual harassment is the most common form of harassment, any harassment on the grounds covered by Federal, State or Territory legislation is unlawful. The principles mentioned with respect to sexual harassment also apply to other forms of harassment. The policy applies equally in all dealings with employees, students and members of the public.

Definition:

Sexual harassment is unwelcome, unsolicited and unreciprocated behaviour of a sexual nature.

Sexual harassment is considered to be a serious problem in the community. It can destroy the effectiveness, and even the careers, of all involved – the harasser, the person being harassed, and other directly involved. Incidents of sexual harassment must be treated seriously. They must never be ignored. Sexual harassment can involve behaviour which some may consider “normal” or “good fun”, but which may be distressing or offensive to others. It may be intentional or unintentional. Anyone might be a victim of sexual harassment. It does not only happen to women.

Protection under the Law:

Under the law, a complaint of sexual harassment can be made if a person was offended, humiliated or intimidated by conduct of a sexual nature, and it was reasonable for them to have felt that way.

Examples of Possible Sexual Harassment:

Sexual harassment generally comprises some or all of the following:

• Sexual jokes, offensive telephone calls, displays of pornographic pictures, reading matter or objects.
• Offensive e-mails, screensavers, inter/intranet material.
• Sexual propositions or persistent request for dates.
• Physical contact such as patting, pinching or touching in a sexual way; unnecessary familiarity such as deliberately brushing against a person or putting an arm around another person’s body.
• Leering, wolf whistles, catcalls, obscene gestures.
• Indecent exposure.
• Sexual assault or rape.

Note: Sexual assault and rape are criminal offences. The victim is advised to report these and other possible criminal offences to the police. Employees, students and/or contractors who are aware of, or suspect, incidents of sexual harassment should report the matter immediately to the Managing Director.

Responsibilities

Kickstart Coaching is responsible for the actions of its employees, even if those actions occurred without Kickstart Coaching’s knowledge or approval. Even if Kickstart Coaching policies are non-discriminatory, it may still be liable for an occurrence of discrimination or harassment by one of its employees.

In addition, if the Human Rights and Equal Opportunity Commission or relevant State authority finds that a complaint of discrimination or harassment was not dealt with fairly and quickly, then Kickstart Coaching may be required to make a settlement as well as being liable to prosecution.

Informing Staff and Contractors:

Staff should maintain awareness of:

• What constitutes discrimination and harassment?
• Kickstart Coaching policy on Equal Employment Opportunity.
• What are appropriate and acceptable standards of behaviour at work, on Kickstart Coaching premises, or at external Kickstart Coaching functions.
• Who they should speak to if they feel they are being harassed and/or discriminated against
• That Kickstart Coaching policy applies equal in all dealings with students and members of the public.

Maintaining Confidentiality:

It is imperative that staff maintain confidentiality in dealing with suggestions or allegations of discrimination or harassment. The identity of the complainant/victim and an alleged discriminator/harasser must not be disclosed to anyone outside of the context of an investigation.

A breach in confidentiality can result in:

• Victimisation
• Gossip and character damage for the parties involved, and
• Difficulties in managing complain resolution.

A person who breaches confidentiality is acting contrary to Kickstart Coaching policy and instructions, and disciplinary action may result.

Being Approachable in cases of Alleged Harassment:

Staff should be aware that harassment often goes unreported because the victims:

• Do not know to whom they should go with a complaint
• May feel ashamed of what has happened to them
• Are afraid their word will not be accepted against the harasser’s
• Are afraid that others will say they “asked for it”, and
• Think they may be victimized if they “rock the boat”.

It is, therefore, important that staff, students and members of the public know that Kickstart Coaching will treat their requests for advice and complaints promptly, seriously, confidentially and sympathetically.

Guidelines for Preventing Discrimination and Harassment:

Kickstart Coaching has the responsibility to ensure that all employees can contribute fully without the threat of discrimination or harassment occurring.

Things to take notice of include:

• People saying things that re prejudiced, unfair or inconsistent.
• People telling jokes in bad taste, making references to sex or the sexual practices of others
• Behaviour of overt sexual nature or physical contact
• People not fitting in
• Who is being given job opportunities and training, and whether it is consistent with job performance and ability

Stopping Discrimination or Harassment before a Complaint is Made:

If Kickstart Coaching is aware that discrimination or harassment is occurring and there has been no request for advice and no complaint lodged, they should take action before the situation gets worse. The options for the most appropriate courses of action may include:

• Organising training
• Suggesting to an apparent victim of harassment that her or she tell the offending employee, either verbally or in writing, that the behaviour is not wanted.

Speaking to the “offender” directly, informing them that their behaviour is unacceptable and why.