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POLICY No: 30 SEXUAL HARRASSMENT OF STAFF

Ephesians Ch:5 v 3 & 4

But among you there must not be even a hint of sexual immorality or any kind of impurity or of greed, because these are improper for God’s holy people, nor should there be obscenity, foolish talk or coarse joking which are out of place but rather thanks giving.

Rationale

Sexual harassment “takes away from the employee equal opportunities, by creating a working environment in which that employee’s ability to perform is impaired”. (Section 15 of the Human Rights Commission Act).

Sexual harassment is verbal or physical behaviour of a sexual nature by one person or group of persons towards another person or group. It includes the misuse of visual or written material. The behaviour must be unwelcome, or offensive to the staff member and persistent enough, or sufficiently serious, to have a detrimental effect on the staff member’s employment, job performance or job satisfaction.

Sexual harassment in the workplace is unlawful and will not be tolerated in the school. Appropriate action will be taken against offenders.

As a ChristianSchool we also need to consider Matthew Chapter 18 v15-20 which gives us good advice on going to the person to rectify the situation or taking one or two witnesses with you.

Guidelines

Staff or BOT members approached in relation to a claim of sexual harassment must treat the matter in strict confidence, ensuring that any information is confidential to those directly involved.

A complaint should be handled in either one of the following two ways in the first instance:

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  • Self-help

The staff member may:

  • Tell the person, or persons, in private, that their behaviour is offensive and request that it stop;
  • Write to the person, or persons, about their behaviour;
  • Speak to the person, or persons, in private, in the presence of a third party.
  • Informal intervention
  • The staff member may approach a BOT member, NZEI field officer or counsellor to intervene. The selected person must act quickly, discreetly and fairly. An open and frank discussion should take place.

Following this if the complaint is believed unresolved the following step should be taken:

  • Formal Complaint
  • Complaint in writing

If self help or informal intervention have not worked or if the allegation is, in the staff members view, serious enough to warrant formal disciplinary action, the staff member should submit a detailed written complaint to a BOT member. If deemed necessary the disciplinary process will be implemented as outlined in the appropriate Collective Employment Contract. This may then involve the whole Board of Trustees.

If the behaviour persists then the staff member may lodge a personal grievance claim with the Employment Tribunal.

Conclusion

These procedures are to be followed so as to ensure a safe workplace for staff members and to ensure a satisfactory outcome for all parties should a problem occur

Date Adopted: 04-04-2000

Chairman:______

Review date:April 2001

April 2004

June 2008

June 2011