Prevention of Sexual Harassment

Reference Code: SPL0013 Classification: Student Services
Approved Date
19 Oct 2019
Date Effective
19 Oct 2019
Review Date
19 October 2021
Approved By
Board of Directors

Definitions

Word /Term 

Definition or Explanation

Nan Tien Institute (NTI) Community 

All students, employees, contractors, volunteers, associates and stakeholders of NTI at any location where NTI activities are undertaken, including (but not limited to):

  • NTI Unanderra campus, 
  • Sydney campus, 
  • online environment, 
  • Pilgrim Lodge and events.

Consent 

Both people freely and voluntarily agree to sexual activity:

a) Consent cannot be given if the person is under 16 years of age or unable to understand what they are consenting to. 

b) Consent cannot be assumed.

c) The absence of ‘no’ does not mean yes.

d) Consent can be withdrawn at any time.

e) It is never ok to pressure anyone.

More information on consent can be found at reachout.com and Women NSW

Sexual Harassment 

As Defined by the Australian Human Rights Commission: 

 “An unwelcome sexual advance, unwelcome request for sexual favors or other unwelcome conduct of a sexual nature which makes a person feel offended, humiliated and/or intimidated, where a reasonable person would anticipate that reaction in the circumstances.

Examples:         

  • unwelcome touching; 
  • staring or leering; 
  • suggestive comments or jokes; 
  • sexually explicit pictures or posters; 
  • unwanted invitations to go out on dates; 
  • requests for sex; 
  • intrusive questions about a person's private life or body; 
  • unnecessary familiarity, such as deliberately brushing up against a person; 
  • insults or taunts based on sex; 
  • sexually explicit physical contact; and 
  • sexually explicit emails or SMS text messages.”

 

Scope

1. Application

1.1  This policy applies to all students, employees, contractors, volunteers and associates of Nan Tien Institute (NTI) undertaking learning and other activities both at the Unanderra campus, the Sydney Campus and online, to address unwelcome behaviour of a sexual nature. This policy applies to all individuals associated with NTI, specifically those:

(a) Attending NTI Unanderra campus or online classes;

(b)  Using NTI equipment such as laptops and other learning technologies;

(c)  Attending an NTI event or function,

(d)  Participating in any activity as a representative of NTI,

(c)  Attending related facilities of NTI such as Pilgrim Lodge accommodation.

1.2  All forms of communication are covered by the scope of this policy including in person, email, phone, social media or any other application.

2. Responsibility

The entire NTI community is responsible for maintaining an environment free from sexual harassment.

 

Policy Statement

3. What is sexual harassment?

Sexual harassment includes but is not limited to any of the examples in the definitions of this policy. It can be obvious, discrete, continuous or on an incident on a single occasion. Age, sex or gender identification are not mitigating factors of sexual harassment.

3.1 Sexual harassment may include:

(a) Reluctant consent;

(b) Consent based on fear;

(c) Intimidation, or other similar circumstances.

3.2 Forms of sexual harassment that can result in criminal offences are:

(a) Sexual assault;

(b) Indecent assault;

(c) Indecent exposure, and

(d) Stalking, including online.

3.3  What is not sexual harassment?

(a) Mutual attraction

(b) Consensual romantic involvement or friendship.

4. Commitment

4.1 NTI has a zero-tolerance policy regarding sexual assault or sexual harassment within or associated with the NTI community. In the event that an incident does occur, NTI will provide assistance to all individuals who seek support or lodge complaints.

4.2  NTI is committed to ensuring that the entire NTI facility and community is free from harassment and intimidation, to promote a safe and secure environment promoting responsible and respectful behaviour, free from all forms of sexual harassment.

4.3 Any breach of this policy by:

4.3.1 Students - will lead to disciplinary action that may include termination of study;

4.3.2 Staff - will lead to disciplinary action that may include termination of employment, and

4.3.3 Public - will lead to disciplinary action that may include the involvement of local Police.

5. Security

5.1 Physical Patrols

5.1.1 The Nan Tien Temple security contractor have a dedicated security guard based on-site at the Temple from 16:30 to 04:30 – 7 days a week;

5.1.2 The security guard undertakes regular patrols at NTI during this time period and in particularly during special events;

5.1.3 The security guard has access to all areas at NTI and have direct contact with local Police and the NTI maintenance contractor (for emergencies and after-hours works), and 

5.1.4 Outside this time period, the security contractor patrol car can be contacted directly for emergencies.

5.2 Access Control System

5.2.1 NTI has a comprehensive access control system in place;

5.2.2 The access control system configures all user access cards and profiles (staff, students, contractors, etc.) and is audited on a regular basis, and 

5.2.3 The access control system also provides schedules for specific doors as well as Lifts and Roller Shutters (underground staff carpark) to remain secure to align with NTI operational requirements.

5.3 CCTV

5.3.1 NTI has a CCTV system in place that provides dedicated camera coverage to key internal and external areas. Camera footage is recorded onto a dedicated hard drive and data storage has been sized for up to 30 days of continuous recording, and

5.3.2 During normal hours (Mon to Fri 09:00 to 16:00), the CCTV cameras are monitored on a regular basis by the NTI Reception team.

5.4 Lighting Controls

5.4.1 NTI has a comprehensive lighting control system in place;

5.4.2 The lighting control system has been set up to automatically turn on/off internal lighting to align with NTI operational hours (and also includes weekends as required);

5.4.3 External lighting, particularly in the outside carpark area, also aligns with dusk to dawn lighting sensors;

5.4.4 Certain areas at NTI have dedicated 24/7 lighting (e.g. basement corridor) to provide general ambient and security requirements.

6. NTI Wellbeing Committee 

6.1 The aim of the committee is to ensure a safe and secure learning environment and working environment where individuals treat each other with respect. This committee is an ongoing initiative of NTI that includes staff, student representatives, Pilgrim Lodge liaison and updates to the NTI Planning and Review Committee (PRC). 

6.2 The Wellbeing Committee is responsible for:

(a) Development of a Wellbeing Action Plan;

(b) Policy for the Prevention of Sexual Harassment;

(c) Fact Sheet for individuals who need support;

(d) Communication of Campus Security and Emergency information; and

(e) Training and communication. 

6.3 NTI Staff Representatives

6.3.1 As a cross-section of staff that are more likely to have an individual report an incident sexual harassment to them, Teachers, Human Resources, Supervisors or Management are required to ensure they understand this policy and the Health and Safety Incident Form.

6.3.2 NTI Management is responsible for ensuring that appropriate training is available and up-to-date for appropriate representatives.

7. Confidentiality

All information associated with incident reports and complaints of a sexual harassment nature must be treated as confidential, and not disclosed to a third-party unless required by law or the individual consents.

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Systems and Procedures

8. Roles and Responsibilities

The entire NTI community is responsible for maintaining an environment free from sexual harassment.

9. Seeking Help & Complaint Response

Individual

Who Can Help?

Student

Student Service Desk

Staff

Human Resources

Public

Reception

Pilgrim Lodge

Student Representative

9.1 Reporting

9.1.2 Individuals who are or have experienced sexual harassment are encouraged to immediately report the situation via the Health and Safety Incident Form located on the student portal and NTI staff intranet. 

9.1.2 Individuals may report an incident without initiating a formal complaint if this is their preferred course of action.

9.1.3 In addition, refer to the Wellbeing Support Contact Details attached to this policy and located on the student portal and NTI staff intranet for additional support contact details.

9.2 Making a Complaint

9.2.1 To make an official complaint, students should refer to the Student Grievance Policy located under Current Students on the NTI website. Staff should follow the Complaints, Grievances and Disputes Policy located on the NTI staff intranet.

9.2.2. NTI will implement available interim measures to protect the reporting individual, and where possible, continue educational programs.

9.3 Provision of Support

9.3.1 NTI recognizes that sexual harassment can cause a range of issues such as difficulty with academic tasks. Support services are available to students who experience sexual harassment to ensure their wellbeing and continued education.

9.3.2 NTI also recognizes there may be consequences for individuals accused of sexual assault or sexual harassment and endeavors to ensure procedural fairness is provided with relevant support throughout any investigation process.

10. Wellbeing Support Contact Details

SUPPORT RESOURCE

CONTACT

Safety around NTI Unanderra campus (Security)

 

Insight Security Guard (16:30 to 04:30)

0402 776 712

Insight Patrol Car (24/7)

0416 276 313

Insight Security Head Office (24/7)

02 4297 6313

NTI Optum Counselling Support (EAP)

1300 361 008

Student Disability Support

Achim

National Sexual Assault, Domestic and Family Violence Counselling Service

1800 RESPECT (1800 737 732)

https://www.1800respect.org.au/

Police

000

Lifeline

13 11 14

Crisis Care

(+61 8) 9223 1111

QLife (LGBTI)

1800 184 527

Student Services Office

(02) 4258 0741

Email contact here

Teachers, Human Resources, Supervisors or Management

Link to NTI Health & Safety Form here

Student Wellbeing Hub

Education Services Australia

https://studentwellbeinghub.edu.au/

Beyond Blue

1300 224 636

Version Date Approved Date Effective Approved By Amendment
1 19 Oct 2019 19 Oct 2019 Board of Directors