Equal Opportunity and Valuing Diversity
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To confirm the University’s commitment to equal opportunity for all members of the University community.
To create an environment that values diversity and is free from discrimination, harassment and vilification and where allegations of breaches of this Policy are dealt with fairly and promptly.
This policy applies to all students and prospective students, staff and prospective staff , and other members of the University in situations or activities related to their roles at the University of Ballarat.
| Discrimination: | Refers to unfair or less favourable treatment based on the following actual or assumed personal characteristics as defined under Commonwealth and State laws: sex, gender identity, marital status, pregnancy, breastfeeding, status as a parent or carer, sexual orientation, lawful sexual activity, race, disability, age, industrial activity, physical features, religious beliefs or activities, political beliefs or activities, criminal record, medical record or personal association with a person who has, or is assumed to have, one of these personal characteristics. This concept includes Direct and Indirect Discrimination. |
| Direct Discrimination: | Occurs if a person is treated less favourably than another person would be treated in the same or similar circumstances, on the basis of an attribute as listed above. |
| Indirect Discrimination: | Occurs if there is an unreasonable requirement, condition or practice that someone with an attribute cannot comply with and that a higher proportion of people without that attribute can comply with. |
| Harassment: | Refers to a wide range of deliberate and unintentional behaviours in the teaching, learning, research or workplace environment which may humiliate, intimidate or offend and which are unwelcome and uninvited. It includes behaviour which may be written, verbal, non-verbal or physical (including transmission of inappropriate electronic communications and display of inappropriate material from the internet) and is of a sexual nature or is based on attributes listed under ‘Discrimination’ above. Harassment has the effect of offending, humiliating or intimidating the person at whom it is directed. It makes the University environment unpleasant and sometimes even hostile. If a person is being harassed, their ability to study and to work effectively is affected. |
| Racial and Religious Vilification: | Occurs where a person engages in conduct that incites hatred, serious contempt, revulsion or severe ridicule against another person or group of people, because of their race or religious belief or activity. |
| Disability: | Refers to a total or partial loss of the person's bodily or mental functions; a total or partial loss of a part of the body; the presence in the body of organisms causing disease or illness; the presence in the body of organisms capable of causing disease or illness; the malfunction, malformation or disfigurement of a part of the person's body; a disorder or malfunction that results in the person learning differently from a person without the disorder or malfunction; a disorder, illness or disease that affects a person's thought processes, perception of reality, emotions or judgment or that results in disturbed behaviour. It includes a disability that presently exists; previously existed but no longer exists; may exist in the future; is imputed to a person. |
| Reasonable Adjustment: | Is the term used to describe actions or changes which may be required to enable staff and student participation on the same basis as other staff and students. Lack of provision of reasonable adjustment might constitute discrimination. Adjustments might be necessary where the interaction between the learning and working environment and certain student/staff personal characteristics or circumstances has a negative impact on staff/student participation or achievement. Such characteristics and circumstances include having a disability, carer responsibilities, cultural or religious obligations, being Indigenous, having English as a second language. There is no set definition of what is a ‘reasonable’ adjustment. Each situation needs to be considered in its own circumstances and on its own merits |
| On the same basis: | In relation to ‘reasonable adjustments’, is where a person with a certain personal characteristic or circumstance has opportunities and choices that are comparable with those offered to other people. Being treated “on the same basis” may mean being treated differently, particularly where it is necessary to provide reasonable adjustments. |
| Principles of inclusion: | Is where learning, working and physical environments are designed to be usable by all people, to the greatest extent possible, without the need for adaptation or specialised design, taking into consideration the variety of abilities, disabilities, racial/ethnic backgrounds, and other characteristics of the student and staff body. |
| Other members of the University: | Are members of the University Council, members of any board, committee or other body established by or constituted under the University Statues and Regulations, members of the Professoriate, Visiting Teaching or Research staff and Academic Associates appointed under the University Statutes and Regulations. |
| Governance Bodies: | Are University Council and its Committees and Academic Board and its Committees. |
| Staff member: | Is any person who is an employee of the University. This includes full-time, part-time, sessional or casual staff. |
| Student: | Is any person enrolled as a student of the University. This includes full-time, part-time, block-mode or distance education students. For the purpose of this policy overseas students not residing in Australia are excluded, as they are subject to the relevant legislative processes of their country. |
The University of Ballarat is committed to providing equal opportunity and freedom from discrimination, harassment and vilification for all members of the University community, and to creating an environment which reflects and values the social and cultural diversity within the University community and the communities it serves.
The University will not tolerate discrimination, harassment or racial or religious vilification, as defined in this Policy, in any University-endorsed activities. Nor will it tolerate victimisation of any person who raises, or is involved in resolution of, a complaint of a breach of this Policy.
The University will provide reasonable adjustments to the learning and working environment as required, and will strive to apply the principles of inclusion in all of its activities, to ensure that all people have equal opportunity to access and participate in University activities.
The University will take positive steps to assist in redressing systemic disadvantage affecting participation and progression in University activities by some members of the University community and the communities it serves. As part of this, the University will put in place measures to have the composition of governance bodies, and staff and student populations better reflect, value and promote the diversity within the communities served by the University. Particular focus will be given to the Indigenous people of Australia as expressed in the University’s Statement on Reconciliation.
The University will ensure that it has in place procedures to deal with any alleged breaches of this Policy fairly and expeditiously.
Staff members, students and other members of the University are responsible for their own behaviour and may face disciplinary and/or legal action if they engage in, condone or collude with discriminatory, harassing or vilifying behaviour.
Supervisors, Managers, Academics and Teachers of the University are responsible for the prevention of discriminatory, harassing and vilifying behaviour in the areas or activities for which they are responsible. This responsibility includes publicising the terms of this Policy to their staff and students and taking appropriate action in the event of a concerns being raised about breaches of this Policy.
Managers with responsibility for planning within their areas of operation are responsible for identifying areas of under-achievement in the participation and progression of groups of students and staff (such as Indigenous people, women, people with disabilities, people from low socio-economic backgrounds, people from culturally diverse backgrounds) and putting in place measures to positively address participation and progression of these identified groups.
Governance bodies are responsible for putting in place measures to ensure diversity in the composition of governance bodies and their sub-committees and working parties.
Managers with responsibility for engaging other individuals or groups (such as contractors, partner providers) who will have interactions with University staff, students or other members of the University community, are responsible for putting in place measure to have those individuals or groups comply with the expectations of this Policy where appropriate to their activities.
Supervisors, Managers, Academics and Teachers, and any staff responsible for the design of activities, facilities and services, are responsible for ensuring the provision of reasonable adjustments to the learning and working environment as required, and for applying the principles of inclusion wherever possible.
The Manager, Equity and Equal Opportunity is responsible for the provision of information on this Policy, and for provision of information on ways to resolve complaints of breaches of this Policy.
The Vice-President Student and Learning Support, as nominee of the Vice-Chancellor, has overall responsibility for the implementation and review of this Policy.
- Commonwealth Racial Discrimination Act 1975
- Commonwealth Sex Discrimination Act 1984
- Commonwealth Human Rights and Equal Opportunity Commission Act 1986
- Commonwealth Disability Discrimination Act 1992
- Commonwealth Disability Standards for Education 2005
- Commonwealth Racial Hatred Act 1995
- Commonwealth Equal Opportunity for Women in the Workplace Act 1999
- Commonwealth Age Discrimination Act 2004
- Victorian Equal Opportunity Act 1995
- Victorian Racial and Religious Tolerance Act 2001
- Victorian Charter of Human Rights and Responsibilities Act 2006
- Other State Equal Opportunity Acts as listed on the UB internal website at http://www.ballarat.edu.au
- Statement on Reconciliation
- Harassment Policy
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