Sexual harassment is… - Volunteering Geelong

Preventing and dealing with sexual harassment: for volunteers

Sexual harassment and volunteers  The sexual harassment

provisions under Part 6 of the Equal Opportunity Act 2010 now apply to volunteers in the same way as they apply to paid staff

Sexual harassment and volunteers  This means that:  Volunteers have the right not to be sexually

harassed by their employer, a paid staff member, another volunteer or a service user  Volunteers have an obligation not to sexually harass their employer, a paid staff member, another volunteer or a service user  Organisations’ sexual harassment policies will need to cover volunteers

Sexual harassment is…  unwelcome conduct of a sexual

nature  behaviour that could reasonably be expected to make a person feel offended, humiliated or intimidated Sexual harassment can be physical, verbal or written

Examples of sexual harassment:  persistent, unwelcome demands or

even subtle pressure for sexual favours or dates  leering, touching or unnecessary intrusion into someone’s personal space  offensive jokes and comments, namecalling, intrusive questions, speculation about another person’s physical appearance or private life Continued…/

Examples of sexual harassment: Continued…/

 displaying or sending pornography

(especially when it is directed at particular individuals) ranging from material that might be considered mildly erotic through to material that is sexually explicit  use of mobile phones (text messaging), emails, notice-boards or any other workplace communication method for any of the above.

By the way…  A single incident is enough to

constitute sexual harassment – it doesn’t have to be repeated.  It is also against the law to victimise someone because they have made a complaint of sexual harassment.

 Scenarios

Mick  You have been minding an information

stall for the Cancer Council at a shopping mall in the city. Mick, a member of the public approaches you and starts chatting you up. He hangs around too long and will not take no for an answer.

Clem  GAY FM, a community radio station has

organised for a new volunteer to receive training in operating the sound mixing equipment. The trainer, Brian, asks the volunteer, Clem out on a date.

Pam  A women’s club have organised a

baked good stall at the local agricultural show and are packing up at the end of the day. Local council staff have arrived to pack up the tent they have been using. One of the paid council workers makes suggestive comments to Pam, a member of the group, and wolf-whistles. The other council staff laugh and join in.

Tony  A local religious group organises a

prisoner visitors program at a low security prison facility nearby. A male visitor, Tony, regularly visits Pham, who is serving 10 years for drug trafficking. Pham has mental health issues and is sometimes difficult to visit. He swears and makes derogatory comments of a sexual nature to Tony.

Peter  Peter, a retiree, is a volunteer delivering

meals on wheels through a local government organised program. He is the only male in a team of 18 women. The women often make jokes about Peter being the only man, and make sexual comments about their husbands in front of him. They ask him questions about his ‘love life’. Their teasing is starting to upset Peter and he approaches the service coordinator to talk about the problem. The coordinator says he should think about leaving if he finds it hard to fit in with the team.

Anne  A local RSL club runs a professional

development weekend for staff and volunteers. After the weekend, an email is sent around to participants from John, with suggestive comments about Anne.

Naw Say  Naw Say is a recently arrived refugee

from the Thailand-Burma border who is assisting a local academic Ivan, with some research on her community’s settlement issues. Ivan, the lead researcher asks her to have sex with him. She says no. He rings her at home and continues to ask for dates.

When is it a criminal offence?  Some types of sexual harassment

can also be a criminal offence.  These include indecent exposure, stalking and sexual assault, as well as obscene or threatening phone calls, letters, emails, text messages and posts on social networking sites.

Sexual harassment is not… behaviour which is based on mutual

attraction, friendship and respect; if the interaction is consensual,

welcome and reciprocated, is not sexual harassment.

Dealing with complaints 1.

2.

3.

4.

Self-management – complainant deals directly with the respondent Informal – manager or supervisor assistance Internal complaint– investigation to test allegation. Finding. Recommendation. External complaint– i.e. VEOHRC, Worksafe, Police

What should organisations do

to prevent sexual harassment?

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What is the positive duty? Organisations must take reasonable and proportionate preventative measures to identify and eliminate sexual harassment …

That is, think about where in your organisation or service sexual harassment might happen and take steps to prevent that. 20

In other words…  Instead of organisations simply

reacting to complaints when they happen, the Act requires organisations to take steps to prevent sexual harassment from happening in the first place

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Reasonable measures? Organisations must take reasonable and proportionate preventative measures to identify and eliminate sexual harassment, taking into account:  the nature of the organisation  its size, resources and operational priorities  the practicability and cost of compliance. 22

Discuss at your tables…  What are some steps that you /

your organisation might take to prevent sexual harassment from happening?

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Checklist  Sexual harassment policy?

 Grievance/ complaints policy?  Where to complain?  Handle complaints well?  Communicate policies?  Records of who has received the policies

or been trained?  Regular reminders & updates?  Job descriptions for volunteers? 24