Sexual Harassment Policy

Sexual harassment can be physical, verbal or visual and may include statements or transmissions by phone, fax, videoconference, internet and e-mail, and will vary in the degree and extent to which it causes affront and distress. Victims of sexual harassment are mostly female, however, both males and females can be subjected to sexual harassment from persons of the same or opposite gender.

Examples

Sexual harassment may include:

• Comments about a person's sex life or physical appearance;
• Comments of a sexual nature;
• Suggestive behaviours such as leering and ogling;
• Unnecessary physical intimacy such as brushing up against a person;
• Physical contact such as touching or fondling;
• “Flashing” or sexual gestures;
• Sexual propositions or repeated unwanted requests for dates;
• Making promises or threats in return for sexual favours;
• Sexual jokes, offensive telephone calls, displays of offensive photographs, reading matter or objects;
• Sending jokes or graphics of asexual nature by e-mail, internet or fax;
• Unwelcome questioning about a person's private life;
• Offensive computer screen savers;
• Unwanted requests for sex; and stalking, indecent assault or rape (which are also criminal offences).

Deciding when sexual harassment has occurred

Sexual harassment is behaviour that is uninvited, unreciprocated and unwelcome. Even if the behaviour is not intended to be offensive, it may still be unlawful. Sexual harassment is not behaviour that is based on mutual attraction, friendship and respect. Where the interaction is consensual, welcome and reciprocal it will not amount to sexual harassment.

Judgements about what constitutes consensual, welcome and reciprocal interaction may be influenced by the relative power of the people involved. The capacity of persons in positions of authority to influence others and affect their well being is a factor that will be taken into account in the management of any sexual harassment allegation.