It is the responsibility of the Chief Executive to employ effective mechanisms that oversee the Non-Discrimination, Anti-Harassment and Bullying procedures. All staff are responsible to ensure the Developers Institute provides a safe environment for work and study.

Developers Institute has a culture of zero tolerance for bullying, racism or sexual harassment and it provides a work and study environment that respects peoples race, colour, ethnicity, nationality, religion, social status, sexual orientation, gender identity, marital status and age.

This policy applies to all Developers Institute Staff, Students and visitors.

Discrimination - the unjust or prejudicial treatment of different categories of people, on the grounds of race, skin colour, ethnicity, nationality, religion, social status, sexual orientation, gender identity, marital status or age.

Bullying - persistent, offensive, abusive, intimidating, malicious or insulting behaviour (express or implied) which makes the recipient(s) feel threatened, vulnerable or humiliated, undermines their self-confidence and/or causes them to suffer stress.

Harassment - verbal or physical behaviour, including the misuse of visual or written materials, by one person towards another, which is perceived as offensive and/or discriminatory, and is of a serious or persistent nature, to the extent that it interferes with the individual’s work or Study.

Sexual Harassment - is

a) asking for or suggesting:

• i) Sexual intercourse; or
• ii) Sexual contact; or
• iii) Any other form of sexual activity; which may be (but not necessarily accompanied by) a clear or suggested promise of preferential or detrimental treatment).

b) The use of unwelcome or offensive language, physical behaviour or visual material of a sexual nature, particularly if it is used in a repeated or severe manner (of such a significant nature that it has a detrimental effect on the person).

Racial Harassment - is the use of language (either written or spoken), visual material, or physical behaviour that either directly or indirectly expresses hostility against, or brings into contempt or ridicule, the person on the grounds of race, colour, ethnic or national origins of the person; and is hurtful or offensive to the person (whether or not that is conveyed to the person or representative); and has either by its nature or through repetition, a detrimental effect on the person’s employment, job performance, job satisfaction or study.

Full legal descriptions of sexual and racial harassment are contained in sections 62 and 63 of the Human Rights Act 1993 and sections 108, 109, 116-118 of the Employment Relations Act 2000.

Anti-Harassment/Bullying Contact Person - The Developers Institute employee or Student who gives information and advice on the options and process involved and supports the complainant throughout the processes required by this policy.

Anti-Harassment/Bullying Coordinator - The Developers Institute employee who oversees the appointment, training and support of the Anti-Harassment and Bullying Contact People.

Mediator - A trained Developers Institute employee or Student who conducts mediation between parties if required or where it is deemed necessary an external mediator engaged on a case by case basis.

Mediation - A process in which an impartial third party, called a mediator, intervenes in a conflict to assist the parties involved in the conflict, and help them to talk about the conflict and resolve it.

• Human Rights Act 1993
• Employment Relations Act 2000
• Harassment Act 1997

Responsibility: Chief Executive

Development/Approval dates: February 2018

Review dates: March 2019

• Disciplinary Processes Policy*
• Student, Concerns, Complaints and Appeals Policy

1.1 Any person, staff member or student found to have harassed and/or bullied another staff member, student or visitor at Developers Institute will be liable for disciplinary action in line with either the Developers Institute Disciplinary Processes Policy* (staff members) or Student Concerns, Complaints and Appeals Policy (students).

1.2 Where a contractor is accused of harassment, Developers Institute shall advise the alleged harasser’s employer of the situation requesting that the matter be dealt with under that employer’s policies and the results of their investigation be made known to Developers Institute.

1.3 Where the alleged behaviour is in breach of New Zealand law (e.g. alleged sexual assault or criminal harassment) then the matter will be reported to the police for investigation and action.

1.4 Allegations of harassment/bullying are treated extremely seriously by Developers Institute. For this reason, allegations of harassment/bullying made by a complainant that are shown to be false or vexatious shall be deemed as Serious Misconduct.

1.5 The roles of the Contact Person and Mediator must be undertaken by separate individuals in any one incident.

2.1 Encountering harassment/bullying

• 2.1.1 Any member of Developers Institute who is being harassed or bullied shall seek the assistance of an anti-harassment/bullying contact person/s. The contacts details for this person/s shall be available in Programme Handbook’s and Staff Induction materials. The contact person shall listen and explain the various options available for dealing with the behaviour.

The role of the Anti-Harassment/Bullying Coordinator is to:

• 2.2.1 Establish mediators and appropriate training;
• 2.2.2 Arrange mediation between the parties if necessary;
• 2.2.3 Select and train contact people;
• 2.2.4 Publish and distribute organisation wide, a list of current anti-bullying and mediators;
• 2.2.5 Coordinate publicity and staff education around Anti-Harassment/Bullying policy and procedures;
• 2.2.6 Keep a written record of all complaints. This shall only include names if it goes to mediation or results in a formal complaint being made. The records are to be kept in a locked file and once the process has been completed the records sent to the Academic Director to be archived.

Contact people shall:

• 2.3.1 Listen sensitively to the complaint or concerns;
• 2.3.2 Explain what harassment/bullying is and answer any questions; provide information on the options for dealing with harassment/bullying;
• 2.3.3 Discuss possible ways the individual can deal directly with the harasser/bully, but only if this is the individual’s preferred course of action;
• 2.3.4 Provide general information on harassment/bullying and Developers Institute’s policy and procedures to any enquirer;
• 2.3.5 Advise the Complainant throughout the process on the courses of action available to them. The Contact person should not, at any time, act as an advocate for the complainant;
• 2.3.6 Complete records of each contact made and forward to the coordinator, records are held anonymously except where the situation goes to mediation or to a formal complaint where the parties need to be named.

Mediators are trained Developers Institute employees used to mediate between the complainant and the respondent if mediation is required. The role of the mediator is to:

• 2.4.1 Maintain confidentiality;
• 2.4.2 Inform the respondent of the complaint and give him/her time to prepare for mediation;
• 2.4.3 Inform the complainant and respondent of their options;
• 2.4.4 Mediate between the parties in order to resolve a dispute (in cases where the complainant is unwilling to face the alleged harasser it is expected that shuttle mediation will take place between the parties);
• 2.4.5 Provide a written report to the coordinator, which identifies both parties;
• 2.4.6 Explain the procedure for laying a formal complaint to both parties where mediation is unsuccessful.