Procedures for ensuring a
harassment free school
Note: harassment includes sexual
harassment, racial harassment or any other harassment related to
prohibited grounds of discrimination found in Section 21 of the Human
Rights Act 1993 (ie sex, marital status, religious belief, ethical belief,
colour, race, ethnic or national origins, disability, age, political
opinion, employment status, family status and sexual orientation ).
West Eyreton’s Safe School Vision
West Eyreton School aims to be a nurturing
place where all people are respected, appreciated and understood.
Guidelines:
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This
procedure is promoted through staff induction, professional
development and curriculum content providing staff and students with
information and strategies to ensure a safe environment is
maintained.
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Community
members are informed of the procedures through information about the
school, and when enrolling. School newsletters remind caregivers on
a regular basis.
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Procedures,
in an easily accessible form, are in place for the reporting,
investigation and resolution of staff and student complaints of
harassment.
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While
respecting the right of staff and students to not pursue a complaint
the board reserves the right to act where a history of previous
complaints relating to the same perpetrator exists.
Procedures:
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The school
will have designated contact people, appointed at the beginning of
each school year, for the purposes of reporting harassment. Staff
have agreed that these people will be the NZEI staff Rep. and the
BOT Staff Trustee (board member). The contact person’s role is to
support the “victim”.
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Where the
situation is between staff members, or a staff member is implicated,
the Staff Concerns Procedures should be followed as the first course
of action. If unable to be resolved, then the assistance of a NZSTA
industrial advisor, NZEI Union or someone of a similar background is
essential, as is following the appropriate employment contract
requirements if disciplinary action is a possibility. (as explained
in The Role of the Coordinator below) (underlined in red)
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If the
accused is a child he or she may need to be assisted to find someone
they trust who can support them through the process.
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Teaching and
learning programmes will be used to provide children with skills and
strategies for dealing with harassing situations including reporting
to a safe person. These programmes will be planned at the start of
each new school year. Outside agencies e.g. CYFS may be asked to
assist with implementing these.
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The board
will appoint a co-ordinator, [not the contact person] to organise
any investigation of reported harassment and to recommend outcomes.
The co-ordinator will normally be the Principal. If the complaint is
about the Principal then the role of investigating reverts to the
board.
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The board
should be advised (in confidence) of any complaints under these
procedures and the outcomes of the investigation.
Procedures for Contact People:
What to do if a complaint is brought to you:
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Tell the
person that your discussion is in confidence. They need to be aware
that for a complaint to be effective they should not discuss it
widely with others (otherwise, if wrongly accused, the perpetrator
could sue for defamation).
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Hear the
story, reassure them it was not their fault and that your job is to
help stop the harassment.
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If the
harassment involves serious physical violence, sexual assault or
rape and the complainant is an adult, encourage them to contact the
police.[See also number 8 below.]
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Discuss the
options available to them, these include doing nothing, taking up
the issue with the person themselves, making a formal report of
harassment and asking that it be investigated.
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Discuss what
actions they and maybe others can take to ensure their personal
safety in the future (including seeking assistance from others).
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Reassure
them of your availability to support them through the process and in
the future.
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All reports
regardless of outcome should be recorded along with the agreements
for further action and forwarded to the investigator/Principal
(should both parties sign the written record)
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When the
complainant is a student, certain safeguards are implicit e.g. the
Principal’s responsibilities under Section 77 of the Education Act
1989 and the school’s child protection procedures and procedures for
reporting (refer “Breaking the Cycle” CYPS 1996). However in such a
case the contact person should be working with the student so that
they understand why further action is necessary even if it is
without their consent.
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The school
should endeavour to retain an up-to-date list of resources available
to support a complainant dealing with the aftermath of an incident
e.g. counsellors, SES, etc
The Options:
(It is important that where possible the complainant’s wishes are
respected as to the action they choose to take.)
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Doing
nothing:
Sometimes just talking it through can give someone a better
perspective of the event so they feel more in control and that it
wasn’t sufficiently important to take any further.
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Taking
action on their own behalf:
This option involves the complainant being assertive and telling the
other person or people to stop, or that they dislike the behaviour.
Role playing with the contact person may help them practise
different ways of doing this and anticipate possible reactions. In
some circumstances it might be appropriate for the contact person or
another trusted person to be present. This will depend on whether
the complainant plans to respond when an incident occurs or decides
to take the initiative and ask to discuss the issue with the person
whose behaviour is causing distress.
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Asking for
further investigation:
This requires a complaint, in writing, describing what has been
happening and is referred to the co-ordinator for further action.
Role of the Co-ordinator:
In
the cases involving staff, investigation is undertaken in line with
contractual requirements as contained in the employment agreements.
In the case of students, it will be undertaken in line with the school’s
behaviour management and discipline procedures. Where the complaint of
harassment is between a parent and staff member, the co-ordinator should
call the NZSTA Help Desk, or similar agency, for advice on how to proceed.
It would be wise to seek advice earlier rather than later if a complaint
was made of a serious nature in any scenario.
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