Tairangi School Procedure Statement

DISCRIMINATION AND HARASSMENT

        NAG 3 Personnel

        NAG 5 Health & Safety
NAG 6 Legislation & Regulation

The following procedures are to be followed by the school:

  1. Under the Human Rights Act 1993 discrimination on the following grounds is prohibited.

Discrimination of the above grounds or harassment related to the above grounds must not occur at our school whether the perpetrators are staff, students, parents/caregivers or community members.  Anyone aware of any such incidences must immediately report these to the Principal who shall investigate and take appropriate action.  In the case of the Principal being the harassed the report must be made to the Board of Trustees Chairperson.  Action taken could include stand-down or suspension of a student, taking out a trespass order on a parent/caregiver or community member or following the appropriate disciplinary procedures contained in staff employment agreements.

  1. Bullying of students is also considered a form of discrimination and harassment.  There will be zero tolerance of this behaviour at our school and parents/caregivers will be regularly reminded to report incidences of bullying to the Principal.  Any staff member who becomes aware of any bullying of students must report it to the Principal.  Every reported instance of bullying will be followed up and acted on.

    Bullying will be dealt with according to the Severe Behaviour Consequences Procedure Statement.

SEXUAL HARASSMENT        

The following procedures are to be followed by the school:

  1. The Principals’, Primary Teachers’ and Support Staff Collective Employment Agreements provide both a definition of sexual harassment and a process for dealing with it.
  2. This definition and process as described in Appendix 2 of the Primary Agreement and Appendix D of the Support Staff Agreement is accepted as the school’s definition and process.
  3. Appendix 2 of the Primary Agreement is reproduced for this policy as a reference document.

  1. An employee is sexually harassed in her/his employment if the employee’s employer or a representative of that employer:
  1. Makes a request of that employee for sexual intercourse, sexual contact or other form of sexual activity that contains:
  1. An implied or overt promise of preferential treatment in that employee’s employment; or
  2. An implied or over threat of detrimental treatment in that employee’s employment; or
  3. An implied or overt threat about the present or future employment status of that employee; or
  1. the use of language (whether written or spoken) of a sexual nature; or
  2. the use of visual material of a sexual nature; or
  3. physical behaviour of a sexual nature:
    subjects the employee to behaviour which is unwelcome or offensive to that employee (whether or not that is conveyed to the employer or representative) and that, either by its nature or through repetition, has detrimental effect on that employee’s employment, job performance, or job satisfaction.
  1.  
  1. An employee is also sexually harassed in that employee’s employment (whether by a co-employee or by a client or customer of the employer), if the circumstances described above have occurred.
  2. The employer or representative, on receiving a complaint under sub-clause (a) of this clause
  1. Shall inquire into the facts; and
  2. If satisfied that such a request was made or that such behaviour took place – shall take whatever steps are practicable to prevent any repetition of such a request or such behaviour.
  1. Where any person, being a person in relation to whom an employee has made a complaint under sub-clause (a) of this clause
  1. Either:
  1. Makes to that employee after the complaint a request of the kind described in clause 10.4.1(a) of this part; or
  2. Subjects that employee after the complaint to behaviour of the kind described in clause 10.4.1(b) of this part; and
  1. The employer of that employee or a representative of that employer has not taken whatever steps are practicable to prevent the repetition of such a request or such behaviour, that employee shall be deemed for the purposes of the Employment Relations Act and for the purposes of this employment contract to have a personal grievance by virtue of having been sexually harassed in the course of the employee’s employer; and the relevant procedure for the settlement of a personal grievance shall apply accordingly.
  1. On receiving a written complaint of sexual harassment the Board of Trustees:
  1. shall enquire into the facts; and
  2. if satisfied that such a request was made or that such behavior took place – shall take whatever steps are practicable to prevent any repetition of such a request or of such behaviour.
  1. Where a complaint has been made and the Board of Trustees has not taken whatever steps are practicable to prevent the repetition of the behaviour, the employee making the complaint may pursue a personal grievance against the Board and the relevant procedure for the settlement of a personal grievance shall apply.

File:discrimharass356.doc        Procedure Statement – Discrimination & Harassment