Harassment and Bullying Prevention and Management

This policy is designed to minimise the risk of bullying and/or harassment to all people in the Otago Polytechnic | Te Pūkenga community, and to provide fair and safe procedures for dealing with concerns and complaints of this nature.

Otago Polytechnic | Te Pūkenga is committed to providing an environment that is enjoyable, safe, and secure for all learners, staff, and visitors.

In dealing with any harassment and bullying complaints or concerns Otago Polytechnic | Te Pūkenga will not discriminate on the grounds of gender, gender identity, race, ethnicity, sexual orientation, marital status, age, disability, religious or ethical beliefs, or political opinions.

Any investigation or dealing with a concern or complaint around harassment and/or bullying will be dealt with according to the following legislative requirements:

• Crimes Act 1961, and all subsequent amendments
• Human Rights Act 1993, and all subsequent amendments
• Privacy Act 2020, and all subsequent amendments
• Harassment Act 1997, and all subsequent amendments
• Employment Relations Act 2000, and all subsequent amendments
• Health and Safety at Work Act 2015, and all subsequent amendments
• Protected Disclosures Act 2000, and all subsequent amendments

The Employment Relations Act 2000 and the Human Rights Act 1993 clearly state that harassment is unlawful.

The Health and Safety at Work Act 2015 clearly outlines the employer's responsibility to provide a safe work environment (which includes emotional and physical safety) and manage hazards and stress.

 In addition, forms of harassment and bullying may constitute criminal acts or offences under the provisions of the Crimes Act 1961 or the Harassment Act 1997.

1. Staff and learners are expected to behave towards all people in a manner that is respectful and that fosters a harassment and bullying free. Please refer to the guidelines for definitions and examples of types of behaviours considered to be harassment and bullying.

2. Harassment or bullying by electronic means, this includes sending, viewing, writing, drawing, taking, displaying, printing, or downloading objectionable material via physical and/or electronic media (e.g., computer, PDA, and phone text or pixt, still or video camera).

3. No material of a sexual or other discriminatory nature is to be used or displayed at Otago Polytechnic | Te Pūkenga unless such display is necessary for legitimate teaching or approved research purposes and is approved in advance by Senior Leaders of Te Pūkenga.,

4. No staff member or learner shall harass or bully another Proven harassment or bullying constitutes misconduct or serious misconduct and accordingly:

 4.1 Staff who are found to have harassed or bullied another, or behaved contrary to this policy, may be disciplined and/or dismissed from employment.

 4.2 Learners who are found to have harassed or bullied another, or behaved contrary to this policy, may be reprimanded, fined, suspended or expelled from the course in which they are enrolled.

5. All reasonable steps will be taken to prevent harassment or bullying of staff and learners by persons outside Otago Polytechnic | Te Pūkenga (e.g., when on work placement), and any such allegations of bullying or harassment that occur outside of Otago Polytechnic | Te Pūkenga will be dealt with.

6. With regard to staff, it is the responsibility of leaders to model appropriate behaviour and to monitor the workplace and intervene in any inappropriate behaviour, or potential harassment or bullying situation of which they become aware.

7. A staff member may raise an issue directly with their manager or should that not be a feasible course of action due to either formal leader involvement in the issue or lack of support, the staff member may raise concerns with any Senior Leader, or the People, Culture and Wellbeing team.

8. With regard to learners, it is the responsibility of lecturers to implement this policy by modelling appropriate behaviour, monitoring learners’ behaviour, and reporting any inappropriate behaviour or potential harassment or bullying situation of which they become aware to the appropriate Senior Leader.

9. The Senior Leader, in consultation with People, Culture and Wellbeing, will determine what steps to take in response to any concerns or complaints made that allege bullying or harassment involving a staff member.

10. The Te Kāhāpai will determine what steps to take in response to any concerns or complaints made that alleged bullying or harassment involving a learner.

11. Any staff member or learner who raises a concern under this policy is assured that their complaint will be taken seriously, treated with an appropriate level of confidentiality, and investigated quickly and fairly.

12. Individuals who make a complaint about harassment and/or bullying of a serious nature can claim protection under the Protected Disclosures Act 2000 and the Te Pūkenga Protected Disclosures (Whistleblowing) policy and procedure.

Harassment and Bullying Prevention and Management SOP