The Universitys Code of Conduct - Lab Report Example

? The s of Conduct Being committed with a comfortable workplace and being free from unlawful discrimination is the basic entity of CQU (Central Queensland University) University, Australia. Providing an environment that is free from workplace harassment, sexual harassment and unlawful discrimination assures the quality of an institution and prime necessity for workers to work. Policy statement include that there is responsibility on the staff members to avoid any kind of harassment and unlawful discrimination that will cause a disciplinary action. Such a code of conduct destroys the working atmosphere and discourages the other staff members to work in the institution. But CQU guarantees the environment that is free from bullied, unlawful discrimination or sexually harassment. Supervisors are not only responsible for this code of conduct but staff members are also responsible to maintain an environment free from bullied, unlawful discrimination or sexually harassment. To avoid harassment and unlawful discrimination in the institution, supervisor is aware of workplace culture, staff attitude, rate of absenteeism of the staff and staff turnover. Staff members have right to make a complaint if they are suffering from workplace harassment, sexual harassment and unlawful discrimination. There are different options for the resolution of complaints, such as: (i) Expressing mistakes, responsible for workplace harassment, to a person who is conducting them (ii) Making complaint to the relevant person who is dealing with lodging of formal complaints (iii) Seeking advice from cultural director (iv) Getting fruitful advice from Employee Assistance Program (EAP) (v) Bringing the issue in the notice of Anti-discrimination Commission or Human Rights Commission. Ethically it is required that the issue of harassment or unlawful discrimination is kept confidential and the issue should be resolved at best lowest possible level to win the trust of the staff members. The purpose of the avoiding such type of harassment and discrimination, which is an undesirable situation, is that to provide employees an opportunity to work in safe and respectable environment, that is free from bullying, sexual harassment, and any kind of discrimination. University Staff members, Visitors, Council members and Contractors head this policy. The policy does not cover the grievances related to the classification level, workload and condition of employment. It is necessary that resolution must be addressed in accordance with the resolution mechanism. Two major parties are involved in this procedure: first is the complainant; who identifies the staff member who witnessed the bullying, sexual harassment, or unlawful discrimination. The other party is respondent; is a person whom complaint has been made regarding bullying, sexual harassment, or unlawful discrimination. Responsibility for implementation puts on Vice Chancellor, President and Immediate Boss to comply with the policy and no to tolerate any unacceptable behavior in the institution. The policy implementation is monitored by the people and cultural director of the institution. Complaint Resolution Overview CQ University ensures the working environment that is free from bullying, sexual harassment, or unlawful discrimination and Central Queensland University Enterprise Agreement (2009) ensures solid procedure that will not tolerate these behaviors that cause this situation. To resolve the harassment and discrimination, university uses different procedures that will be discussed later on. Complaint Resolution Procedures One-on-One Resolution In the first instance, complainant may seek to address the issue to the respondent if he/she feels comfortable and safe for doing so. Otherwise complainant may seek assistance from the supervisor or cultural director who deals with this procedure. The issue can be resolved by apologizing, providing training or counseling or stopping the alleged behavior. Other way is to seek policy advice, support or guidance on how to address the issue directly to respondent through Employee Assistance Program. Setting the timeframe to review the situation ensures that resolution has been successful. Then monitoring the situation is the responsibility of the supervisor. Third Party Inter-Mediatory Third party mediatory procedure is followed when one-on-one procedure has not been fulfilled within five working days of the cessation. The other reason may be that complainant is not agreeing to go for one-on-one resolution. Complainant may bring the issue in the notice of manager or supervisor’s manager. Either verbal or written concern is given to the supervisor for the view of allegation. So that appropriate action might be taken in accordance with the procedure. Supervisor brings the issue in cultural directorate’s notice for suitable action for the resolution of bullying, sexual harassment and/or unlawful discrimination. Supervisor or manager doesn’t promptly response to the complainant regarding alleged behavior of harassment or discrimination. He/she first seek advice from people and cultural directorate before advising to the complainant. Supervisor must discuss the matter with complainant as well. This may include: Referring the complainant to the training which constitute the workplace behavior; Counseling on personal basis from the university Employee Assistance Program; Conducting any other training if required. In respect of all these things if staff members still wish about their allegation about the workplace harassment (bullying), sexual harassment and/or unlawful discrimination, he/ she lodges a formal complaint to these procedures. Then the supervisor or cultural director may bring the allegation in proper procedure and investigate the issue. Within five days of complainant’s raised allegation, the supervisor/manager organizes the discussion with the respondent either directly or in conjunction with the complainant. Following points are kept in mind regarding allegation: Outline the behavior that have caused the concern Explain properly that why it is believed that such behavior constitutes the workplace harassment, sexual harassment and/or unlawful discrimination Notify what type of resolution is appropriate for this concern. We can conclude that supervisor requests the other staff member and cultural directorate may act as a third party during discussion with the respondent. And the important point is that complainant would not be present in this discussion. A document is prepared and the copy of the discussion is provided to the parties for the allegation. Formal Written Complaint If the complainant is not satisfied or the committee doesn’t reach any conclusion within five working days then further procedure is preceded that is “Formal Written Complaint”. This third procedure may also be taken if the first two clauses like one-on-one resolution and third party mediatory are failed to reach any conclusion. The formal report is prepared and allegation is brought about in proper documentation by the complainant or by their supervisor. This document has sufficient details of the allegation of workplace harassment (bullying), sexual harassment and/or unlawful discrimination. Within five working days after receiving the document a committee is established who investigates the allegation. This investigation includes experienced personnel and may also involve external investigator who investigates the workplace harassment, sexual harassment and/or unlawful discrimination. This investigation takes place in accordance with the Central Queensland University Enterprise Agreement (2009). If misconduct or serious misconduct is found then disciplinary actions are taken by the committee. Witnesses to Inappropriate Behavior If staff members witness the behavior that constitutes the workplace harassment (bullying), sexual harassment or unlawful discrimination then they raise their concern to the supervisor or to the cultural directorate. Observers are also required to provide sufficient details to the supervisor for better concern of the staff members involved in the misconduct. Principles of natural justice and fairness must be prevailed. Cultural directorate and other people provide their advice and assistance to observers of alleged inappropriate behavior regarding strategies to safely raise their concern. Supervisor Awareness This is the part of university code of conduct that it is the responsibility of the supervisor to take timed and appropriate action in respect of the allegation. Supervisor’s response to the allegation is in accordance with the severity of the situation. The response may be in following ways Discussing with parties concerned Seeking advice from people and cultural directorate Getting help from Employee Assistance Program Providing appropriate advice Conducting appropriate training Supervisor must take proper actions to ensure a safe work environment. Repeat Offenders When the complaint is received and the person is found guilty for last two years, the matter should be brought in formal written complaint. Repeat offenders include a person found to be guilty of such workplace harassment (bullying), sexual harassment or unlawful discrimination again and again. Other Issues Strategies to Resolve Grievances For the resolution of the allegation, it is requisite to be impartial if workplace harassment (bullying), sexual harassment and/or unlawful discrimination in the workplace has been found. Strategies may involve: Advising the complainant that there is no evidence of the allegation and no further action will be taken Undertaking the services of mediation by the third party Providing appropriate training Undertaking the procedure of formal written complaint. Protection of the Complainant Whenever the complainant becomes the victim of the workplace harassment or sexual harassment or unlawful discrimination, the complaint must be brought into the notice of supervisor. If the victimization has been found then university will take appropriate remedial action so that in future such a misconduct will not occur to anyone in the institution. Protection of the Respondent If the retribution is found inappropriate and complainant’s complaint is found to be malicious instead then a strict policy is taken against complainant as he/she tries to spoil the institution’s peaceful environment. Confidentiality and Record Keeping Information regarding the offender must be documented and the documents must be available to the parties of investigation and parties involved in it, so that the president or vice chancellor may examine the document at any time. False, Malicious or Vexatious Allegations The person who make malicious allegation must be subjected to the strict code of conduct by the university agreement. And strict action must be taken for the false allegation. Defamation The respondent and complainant are advised not to discuss the issue with anyone else irrespective of the investigation team. If the issue is disclosed to anyone else then it defames the institution. RESPONSIBILITES Staff Responsibilities: There are some responsibilities that lie on the shoulders of the staff members. These responsibilities include that supervisor must be aware of the legislative requirement. The code of conduct, properly aware of CQ university policies and procedures, and ensure that no false and malicious complaints has been made. Supervisors Responsibilities: Supervisors have some responsibility to avoid any misconduct to provide peaceful environment, awareness of legislative requirements, awareness of code of conduct, to take remedial action, and to take action if any misconduct has occurred. People and Culture Directorate Responsibilities Providing system to ensure the safe work environment is responsibility of the cultural directorate. Providing advice on legislative policies, providing training, taking action to eliminate inappropriate behavior, and providing advice and support to staff and the supervisor is the responsibility of the people and cultural directorate. References O. C. Ferrell, J. F. (2012). Business Ethics: Ethical Decision Making & Cases. USA: South-Western College pub. Read More