What is sexual harassment and what to do if you've been sexually harassed

Equity and Diversity have developed the following information to support students and staff. This information should be read in association with the Sexual Misconduct Prevention and Response Policy.

What is sexual harassment?

The University's definition of sexual harassment reflects the legal definition.

Sexual harassment is any unwelcome behaviour of a sexual nature that makes a person feel offended, humiliated or intimidated, and which a reasonable person, having regard to all the circumstances, would have anticipated the possibility that the person would be offended, humiliated or intimidated.

Examples of sexual harassment

Sexual harassment can take many different forms and may include physical contact, verbal comments, jokes, propositions, the display of offensive material or other behaviour which creates a sexually hostile working or learning environment.

Examples of sexual harassment include but are not limited to:

  1. uninvited touching;
  2. uninvited kisses or embraces;
  3. smutty jokes or comments in the workplace or the classroom;
  4. making promises or threats in return for sexual favours;
  5. repeated invitations to go out, especially after prior refusal;
  6. "flashing" or sexual gestures;
  7. sex based insults, taunts, teasing or name-calling;
  8. staring or leering at a person or at parts of their body;
  9. unwelcome physical contact such as massaging a person without invitation or deliberately brushing up against them;
  10. touching or fiddling with a person's clothing e.g. lifting up skirts, flicking bra straps;
  11. requests for sex;
  12. sexually explicit conversation;
  13. persistent questions or insinuations about a person's private life;
  14. offensive phone calls or letters;
  15. stalking, sexual insults or taunting;
  16. offensive messages through new technologies such as mobile phone cameras, social networking websites, emails or SMS/MMS communications.

Consensual sexual behaviour at work (such as discussing sex or kissing) might be sexual harassment if it offends someone else who sees or hears that behaviour.

What sexual harassment is not

Sexual harassment is not behaviour which is based on mutual attraction, friendship or respect. If the interaction is consensual, welcome and reciprocated it is not sexual harassment. Behaviour can become sexual harassment if the interaction changes from being based on mutual attraction, friendship or respect to non-consensual, unwelcomed and unreciprocated interactions.

What do I need to know about it?

The first thing that you need to know is that you have a right to learn and work in an environment that is free from sexual harassment.

You also need to know that:

Even mild forms of sexual harassment can make you feel uncomfortable and detract from your studies and work. This can be particularly true if the person who harassed you has authority over you. Whether you are harassed by:

there is support available.

You can do something about it:

If you’re still in danger, or you’re worried about your safety, contact emergency services on 000 immediately and try to get to somewhere safe.

Find someone you feel you can talk to about it, such as a friend, family member or our counsellors.

Students can contact the Counselling Service on 1300 668 370 or email counselling@westernsydney.edu.au

Staff members can contact the Employee Assistance Program. Call 1800 818 728 or download the AccessEAP app.

More information on support options is available at the Respect web page.

You might find it easier to get confidential, professional help before you disclose what has happened to you to someone you know.

Making a report:

The University has a ‘no wrong door’ approach with regards to making a disclosure or formal report of sexual misconduct, including sexual harassment. This means that a disclosure or report can be made to any staff member of the University.

You can make a formal complaint via the Complaints and Misconduct Reporting Portal or directly to the Complaints Resolution Unit.

The portal is for students and staff reporting any sexual offence, meaning a sexual activity that was unwanted, not consented to or that made a person feel uncomfortable. The portal securely captures all reports for investigation by the Complaints Resolution Unit. The portal is not intended to replace emergency services.

The portal can also accept anonymous*, witnesses and bystander reports.

*In anonymous reports users are reminded that the lack of identifying detail may limit the university’s potential actions.

We support those who report sexual harassment or sexual assault, and we encourage reporting. We believe survivors.

The University's procedures for handling complaints are based on confidentiality, impartiality, procedural fairness, protection from victimisation and prompt resolution. Processes for handling complaints are outlined in the Complaint Management Policy (opens in new window).

Will the alleged harasser be 'punished' if the complaint is substantiated? Disciplinary action may be taken against students or staff who are found to have sexually harassed other students or staff. Breaches of the policy will be considered to be misconduct or serious misconduct in the case of employees, and "non-academic misconduct" in the case of students, and may result in the most serious cases in permanent expulsion (for students) or dismissal (for staff).

External Complaint and Advisory Bodies: Anti-Discrimination NSW (opens in new window).

Acknowledgements: These Guidelines have been developed based on the University of Melbourne's document "So You Think You Have Been Sexually Harassed" and the Australian Human Rights Commission publications "Know Your Rights: Sex Discrimination and Sexual Harassment "and "Effectively Preventing and Responding to Sexual Harassment."

Rights & Protections

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