ANTI-HARASSMENT AND ANTI-BULLYING GUIDELINES
National Dance Challenge Incorporated Society – Policy and Procedure
Last Updated January 2022
ANTI-HARASSMENT AND ANTI-BULLYING GUIDELINES
ORGANISATION: National Dance Challenge Incorporated Society (“organisation”, “we”, “us”)
DESIGNATED CONTACT: Suzette North
POLICY PURPOSE
1. We are committed to providing an environment free of bullying and harassment,
2. All members, volunteers, employees, visitors, guests, contractors, and members of the public engaging with us (“personnel”, “person”, “persons”) are responsible for making themselves aware of and adhering to this policy against all forms of bullying and harassment. This policy applies to all personnel.
3. The purpose of this policy is:
a) to make it clear that harassment and bullying are unacceptable and not to be tolerated.
b) to ensure all personnel know their rights and obligations regarding bullying or harassment.
(c) to provide procedures and guidelines for dealing with incidents of bullying or harassment; and
(d) to encourage anyone to report anything they observe that breaches this policy.
POLICY STATEMENT
4. The organisation has obligations under the Employment Relations Act 2000, Health and Safety at Work Act 2015, Human Rights Act 1993 and Harassment Act 1997 to actively address complaints of bullying or harassment made by or against any one or more of its personnel. In accordance with the requirements of these Acts, we do not and will not condone any form of harassment or bullying of any of our personnel or of any other third party.
5. All reported instances of bullying or harassment will be treated seriously and, if substantiated, may result in disciplinary action in accordance with this policy. Any person who reports incidents of bullying or harassment can be assured their complaint will be thoroughly investigated by us. In some circumstances, we may decide it is appropriate to refer the complaint to the Police.
HARASSMENT
6. Harassment can be defined as any unsolicited and unwelcome hostile or offensive act, expression or derogatory statement, including incitement to commit such behaviour, which causes distress or offence to an individual or that creates a risk to their mental or physical health and safety.
7. Harassment may be overt (blatant) or implied and may involve use of language, visual material or physical behaviour. Although the harassing behaviour is most often repeated, it may be a one-off incident which is significant enough to have a detrimental effect on an individual or group.
8. Harassment may relate to a person’s gender, marital status, religious or ethical belief, disability, age, political opinion, employment status, family status, sexual orientation, or involvement in the activities of an organisation. It can take many forms, but examples include:
(a) Written or verbal abuse or threats.
(b) Spreading malicious rumours or insulting someone.
(c) Unwelcome remarks about such things as a person’s appearance, race, sex or sexual orientation.
(d) Practical jokes which cause embarrassment or awkwardness.
(e) Sending offensive emails, letters or phone calls.
(f) The display of visual materials which are offensive; and
(g) Acts of violence, assault, or physical intimidation.
9. Harassment includes the following categories:
BULLYING
10. Bullying is a form of harassment. Bullying is defined as unreasonable and repeated behaviour towards a person or group that can lead to physical or psychological harm. Repeated behaviour is persistent and can include a range of actions. Unreasonable behaviour covers actions which a reasonable person would not do in similar circumstances, including victimising, humiliating, intimidating or threatening a person. A single incident is not considered bullying but can escalate if ignored.
11. Bullying and harassment may be overt (blatant or obvious) or covert (hidden or concealed). In most cases, bullying or harassment is an attempt by one person to inappropriately exert power over another person. Both bullying and harassment may be unconscious or stem from ignorance, but it is important to be aware that bullying and harassment are not determined by the intention of the person who has caused offence. This includes cyberbullying (the use of electronic communication to bully, harass or frighten a person, typically by sending messages of an intimidating or threatening nature).
12. There are a number of behaviours that are considered to constitute bullying, including, but not limited to the following:
OVERT BULLYING
(a) Threats.
(b) Intimidation, stand-over tactics.
(c) Coercion.
(d) Verbal abuse or degrading language/gestures.
(e) Shouting or yelling or screaming at another person.
(f) Unexplained rages.
(g) Unjustified criticism and insults.
(h) Nit-picking and fault-finding without justification.
(i) Constant humiliation.
(j) Belittling remarks.
(k) Punishment imposed without reasonable justification; and
(l) Dismissive behaviour/gestures, non-verbal communication during interactions such as eyerolling, sighing.
COVERT BULLYING
(a) Deliberately sabotaging a person’s work or activity by withholding information that is required to fulfil a task.
(b) Hiding documents or equipment.
(c) Constantly changing targets or guidelines.
(d) Not providing appropriate resources or training.
(e) Isolating or ignoring a person on a consistent basis (e.g. dealing with him/her through a third party).
(f) Changing the duties or responsibilities of a person to that person’s detriment, without reasonable justification.
(g) Undermining another’s authority/standing in the organisation.
(h) Circulation of negative rumours.
(i) Manipulation; and
(j) Emotional abuse.
SEXUAL HARASSMENT
13. Sexual harassment is any unwanted, unwelcome, or uninvited behaviour of a sexual nature, which makes a person feel frightened, humiliated, intimidated, or offended. Sexual harassment may take many forms including:
(a) Requests for sexual activity which carry overt or implied threats or promises regarding the employee’s employment or continued involvement.
(b) Sex-oriented gestures or comments.
(c) Sex based insults, taunts, teasing or name calling.
(d) Inappropriate touching.
(e) Difference in treatment on the basis of gender.
(f) Unwanted and deliberate physical contact.
(g) Persistent and unwelcome social invitations, telephone calls, or correspondence through social media or text messaging. (
h) Leering and suggestive staring at a person or parts of their body.
(i) Obscene phone calls or text messages.
(j) Sending sexual material.
(k) Displaying offensive material including that displayed by electronic means such as offensive screen savers; and
(l) Innuendo, including sexually provocative remarks and suggestive or derogatory comments about a person’s physical appearance.
RACIAL HARASSMENT
14. Behaviours which express hostility against or bring into contempt or ridicule another person on the grounds of the colour, race, ethnic or national origins of that person. Specific examples may include:
(a) Jokes or songs of a racial nature.
(b) Mocking others’ accents.
(c) Deliberately mispronouncing names.
(d) Racial or ethnic oriented jibes or abuse.
(e) Denying people the opportunity to fulfil ethnic requirements.
(f) Displaying offensive material.
(g) Distribution of racist material; and
(h) Using as a facilitator to recruit persons to racist organisations or groups.
15. The lists within these categories above are not exhaustive and recognise that bullying and harassment cover many activities, events and situations which may occur in the organisation. Often a person accused of bullying/harassing behaviour may be unaware of the effect that their behaviour is having on a particular person.
DISCRIMINATION
16. Discrimination can occur directly or indirectly and can be unlawful. Whilst similar to the above, it is worth separately noting:
(a) Direct discrimination occurs when a person is treated less favourably than another person, in the same or similar circumstances, because of a prohibited ground such as their sex, colour, religious belief, race, marital status, ethnic or national origin, family status, ethical belief, sexual orientation, political opinion, age, employment status or disability.
(b) Indirect discrimination occurs when there is a requirement, rule, policy, practice or procedure that is the same for everyone, but has an unequal effect on particular groups. This type of requirement is likely to be indirect discrimination unless the requirement is reasonable in all the circumstances.
(c) Unlawful discrimination occurs when one person is treated less favourably than someone else is treated, or would be treated, in the same or similar circumstances, because that person has a particular attribute, such as sex, colour, religious belief, race, marital status, ethnic or national origin, family status, ethical belief, sexual orientation, political opinion, age, employment status or disability that is specifically listed in Human Rights legislation.
OTHER
17. Stalking - a pattern of repeated, threatening, or harassing behaviours that directly or indirectly communicate a threat or place the victim in fear.
18. Victimisation – if someone suffers detrimental treatment because they have made, or propose to make, in good faith, an allegation of harassment, or appear as a support, or a witness, or provide information about such an allegation.
WHAT IS NOT BULLYING OR HARASSMENT?
19. Some actions or activities such as occasional differences in opinion or conflicts do not constitute bullying or harassment. Behaviours which are not considered to be bullying or harassment include:
(a) Friendly banter, light-hearted exchanges, mutually accepted jokes and compliments.
(b) Friendships, sexual or otherwise, where both people consent to the relationship.
(c) Issuing reasonable instructions and expecting them to be carried out.
(d) Warning or disciplining someone in line with organisational policy.
(e) Insisting on high standards of performance in terms of quality, safety, team co-operation.
(f) Legitimate criticisms about performance.
(g) Assertively expressing opinions that are different from others; and
(h) Free and frank discussion about issues or concerns in the organisation, without personal insults.
ROLES AND RESPONSIBILITIES
DUTY OF NDC COMMITTEE
20. We have a positive duty to establish and maintain an environment free from personal harassment/bullying and have a responsibility to make personnel aware of what behaviour constitutes bullying/harassment.
DUTY OF INDIVIDUALS
21. Behaviour which causes distress to another person is unacceptable. All personnel need to consider their own behaviour and that of others and reflect whether it might be unacceptable or offensive.
22. Individual members including witnesses or bystanders have a responsibility to report incidents of bullying or harassment to ensure the behaviour is addressed and appropriate action implemented.
PROCESS FOR DEALING WITH BULLYING/HARASSMENT INCIDENTS
PURPOSE
23. To outline what you should do if you believe you are being bullied or harassed. Options
24. There are a number of different options available. Which option is taken depends on the seriousness of the incident(s) and the ability of the individual to deal with the issue.
25. Whether bullying or harassment has occurred is an objective test (not subjective in the eyes of the person affected). However, it is expected that all comments and actions should be considered in terms of whether they are likely to cause offence or hurt. It is up to that person to decide whether they are being bullied or harassed in terms of taking the matter further.
26. Personnel are encouraged to resolve complaints at an informal level; however, a person may approach the situation from any of the four stages described below.
27. It is acknowledged that addressing bullying behaviour can be stressful. A person may, at any time, seek support and guidance from the Designated Contact or anyone else.
28. If making a complaint, you should ensure that you:
(a) Provide a true and accurate description of events.
(b) Discuss the bullying or harassment only with those who need to know.
(c) Speak about the bullying or harassment in private; and
(d) Maintain confidentiality about all issues and people concerned at all times.
INCIDENT REPORTING
Recording and Investigation
Our volunteers are informed to report any incident to the President as soon as possible and within 24 hours of being informed of the incident. Recording incidents All incidents need to be recorded in a NDC Incident Report form