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Equity, Diversity and Inclusion Procedure

Section 1 - Purpose and scope

(1) This procedure is made in relation to the Equity, Diversity and Inclusion Rule.

(2) The University of New England Strategic Plan (UNE Strategic Plan)and associated Operational and Action Plans are the key documents in the University’s cycle of planning and accountability in regards to equity, diversity and inclusion.

(3) This procedure applies to all UNE Representatives and Students.

(4) This procedure provides guidance to ensure that equity, diversity and inclusion form the basis of all operations and interactions between everyone in the UNE community, including UNE Representatives and Students.

(5) The Acknowledgement of Country Guidelines (Annexure 1) and the UNE Inclusive Language Guidelines (Annexure 2) apply to the entire UNE community.

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Section 2 - Procedure

Part A- Representation and Voice in the University Community

Aboriginal and Torres Strait Islander People

(6) UNE is committed to embedding the voices and perspectives of Aboriginal and Torres Strait Islander People at the forefront of our decision making, to create an environment in which everyone thrives.

(7) UNE is dedicated to obtaining equitable employment, education and career development opportunities for Aboriginal and Torres Strait Islander People and has clear goals and programs in place to achieve a real increase in the number of staff and students.

(8) UNE’s Aboriginal and Torres Strait Islander strategies set ambitious targets and provide frameworks in employment, education and research that ensure that we provide a culturally safe environment that supports Aboriginal and Torres Strait Islander staff and students to be their authentic selves.

(9) The UNE Oorala Aboriginal Centre provides services, programs and facilities of a nationally recognised standard to Aboriginal and/or Torres Strait Islander students. The centre is a facility of nationally recognised excellence offering teaching, learning and student-centred activities to Aboriginal and/or Torres Strait Islander students at UNE. The Oorala centre will maintain a continued commitment to community and culture through strong connections. 

Welcome and Acknowledgement of Country

(10) The University is committed to incorporating Welcome to and/or Acknowledgement of Country protocols into meetings and events. The action recognises Aboriginal and Torres Strait Islander peoples as the First Australians and custodians of their land and promotes awareness of the past and the ongoing connection to place of Aboriginal and Torres Strait Islander peoples. The Acknowledgement of Country Guidelines are at Annexure 1.

People with a Disability

(11) While complying with the definitions of disability in the Disability Dicrimination Act 1992 and Disability Standards for Education 2005,UNE recognises the social model of disability, which views disability as the interaction between people living with impairments and an environment filled with physical, attitudinal, communication and social barriers (United Nations Convention on the Rights of Persons with Disabilities).

(12) These procedures also apply to carers of people with disability as well as people with temporary disabilities, including injuries and severe illnesses, as per the Disability Discrimination Act 1992.

(13) UNE recognises and values the contributions and potential of our community members with a disability. UNE is working on eliminating institutional, systemic and other barriers within UNE to develop a culture of inclusivity, belonging and equitable engagement that ensures all members of the UNE community thrive and flourish.

(14) People with a disability and their carers, support workers, delegates or nominees shall have equitable access and practical support to participate fully in all aspects of university life, including;

   a. access to services and events;
   b. access to buildings and facilities;
   c. information in accessible formats;
   d. receiving a high quality service;
   e. opportunities to make complaints;
   f. opportunities to participate in public consultation; and
   g. study and employment at UNE.

(15) UNE is committed to embedding Universal Design for Learning principles into workflows for online learning content development and is working towards integrating these principles into all aspects of the University’s operations.

(16) Potential or existing UNE Representatives and Students have no obligation to disclose a disability unless it is likely to affect their ability to undertake the inherent requirements of their position or their degree/studies.

Reasonable Adjustments

(17) All personal and sensitive information provided by UNE Representatives, about reasonable adjustments that may be required for their study or workplace, is managed in compliance with the Health Records and Information Privacy Act (HRIP ACT) and the Personal Information Protection Act 1998 (PIPP ACT) as detailed in the UNE Privacy Management Plan.

(18) Reasonable adjustments are a reasonable change to a process, practice, procedure or environment to assist the person to participate on the same basis as persons without a disability and who are not carers of a person with a disability. Reasonable adjustments must not compromise the inherent requirements of the position and/or the degree of study, impose unjustifiable hardship on the business area or compromise the health and welfare of the UNE representative and/or students or on others.

UNE Representatives

(19) UNE operationalises its commitment to UNE Representatives requiring reasonable workplace adjustments through:

   a. taking reasonable steps to ensure that a UNE Representative with a disability, UNE Representatives who are carers for a person with a disability and other UNE Representatives requiring workplace adjustments, are able to access support without discrimination.
   b. providing services and support for UNE Representatives to assist their participation and engagement in employment.
   c. adopting a case management approach regarding the provision of reasonable adjustments, return to work and other support, for UNE Representatives.

(20) A UNE Representative may request a reasonable adjustment from their line manager initially and should provide supporting medical or other documentation with their request. The line manager and/or employee may consult the Health and Wellbeing Team.

(21) The University may require UNE Representatives, who are carers of a person with a disability and who are requesting reasonable adjustment, to provide evidence of their carer status.

(22) The Health and Wellbeing Team and the line manager may require additional health professional documentation or other information to verify the functional outcomes of the disability, health condition, caring status or other situation. If the disability and functional outcomes are evident, discretion may be used when requesting documentation.

(23) If required, the Director of People and Culture will make a final decision on whether health practioner or other documentation is acceptable and when updated documentation is required.

(24) Where a UNE Representative is awaiting assessment by a health practitioner, line managers may apply imputation of disability where there is clear evidence of impact on function in the workplace.

(25) The line manager, on receiving a request for reasonable adjustments from a UNE Representative, assesses the request to determine what adjustments may be reasonable for the business area to accommodate directly or with support through external funding, such as the Commonwealth Employment Assistance Fund(EAF). The line manager will then develop a work plan together with the UNE Representative to meet their requirements. The line manager may seek guidance from the Health and Wellbeing Team. The Health and Wellbeing Team may assess any request received and may provide recommendations to the line manager for reasonable adjustments to be incorporated into a work plan. The line manager must have regard to any recommendation made by the Health and Wellbeing Team.

(26)  Line managers may, in consultation with the UNE Representative, provide reasonable adjustments to allow equitable access for UNE Representatives to perform duties, taking into account supporting medical or other documentation provided.

(27) The line manager or business area will provide the adjustment within a reasonable time frame of receiving the request or following funding approval from the EAF.

(28) It is the line manager’s responsibility to ensure reasonable adjustments remain suitable for the UNE Representative to perform their duties.

(29) It is the UNE Representative's responsibility to inform their line manager and/or Health and Wellbeing Team should they require an amendment to their adjustments or should they no longer require reasonable adjustments as part of their duties.

(30)  The UNE Representative's work unit is responsible for funding workplace adjustments. Most adjustments require little or no expenditure or can be funded externally, such as through the EAF.

(31)  Where an adjustment has been requested and determined not to be reasonable by the line manager, a UNE Representative may appeal the decision as per the relevant UNE policies and procedures.

Students

(32) UNE operationalises its commitment to students requiring reasonable study adjustments through:

   a. taking reasonable steps to ensure that all students are able to access support services without discrimination.
   b. the Student Accessibility and Wellbeing Office providing services and support for students requiring adjustments to their studies, to assist their participation in, and completion of their studies. This includes students who volunteer for or are employed with the Australian Defence Force (ADF), Emergency Services and other relevant organisations and Government departments, elite athletes, survivors of domestic and intimate partner violence, incarcerated students, students on permanent humanitarian visas and students facing other barriers, at the discretion of the Manager of Student Accessibility and Wellbeing.

(33)  The University will provide reasonable adjustments to allow equitable access for students to engage in their course of study without compromising the academic integrity or inherent requirements of a course or program, imposing unjustifiable hardship or compromising the health and welfare of the student or others.

(34)  A student may request a reasonable adjustment from either the Student Accessibility & Wellbeing Office; or their Unit Coordinator/ supervisor within the school or faculty and should provide supporting medical or other documentation with their request. If the disability and functional outcomes are evident, discretion may be used when requesting documentation.

(35) The Student Accessibility and Wellbeing Office, in consultation with the student, and following receipt of relevant health professional documentation and/ or other supporting evidence, develops a Study Access Plan (SAP) that relates to all aspects of study, including coursework, research, fieldwork and assessment. A SAP is valid for a defined period and will be reviewed and/ or updated, as required between the Student Accessibility and Wellbeing Office and the student.

(36) Students are responsible for distributing their SAP to Unit Coordinators and relevant academic and professional staff in a timely manner to ensure adjustments are actioned appropriately, as per UNE Assessment Policy.

(37) Adjustments cannot be applied retrospectively and once deemed as reasonable by the Unit Coordinator or Course Coordinator, are provided by the University within a reasonable timeframe of receiving the request.

(38) Where an adjustment has been requested and determined not to be reasonable, the requesting student may appeal the decision in accordance with the relevant policy.

(39)  On receiving a request for reasonable adjustment from a student, a Unit Coordinator may:

   a. Refer the request to the Student Accessibility and Wellbeing Office for their assessment and to determine a Study Access Plan (SAP); and/or
   b. implement any reasonable adjustments for students in the absence of a SAP, where appropriate; and/or
   c. assess the SAP from the Student Accessibility and Wellbeing Office to determine whether the adjustment is appropriate and reasonable for participation in the course or program.

(40)  The Student Accessibility and Wellbeing Office and/or the school or faculty may require documentation or additional information to determine reasonable adjustments to support the student's ability to meet the inherent requirements of the course.

(41)  The Unit Coordinator may consult with the Student Accessibility and Wellbeing Office to assist in decisions as to whether the unit or course can accommodate the request for reasonable adjustments, considering the unit/course inherent requirements and assessments and respond to the student.

People of Diverse Sexualities and Genders

(42) UNE is committed to the inclusion and support of UNE Representatives and students of diverse sexualities and gender identities through relevant action plans, the UNE Inclusive Language Guidelines, the UNE Ally Network and student queer bodies. UNE values the contribution of allies in the promotion inclusion of all who face barriers to participation. Through the provision of awareness training and resources, UNE aims to foster positive, informed, and inclusive attitudes and behaviours towards all staff and students. 

People from Culturally Disadvantaged and Marginalised Backgrounds

(43) UNE values the perspectives and contributions of UNE Representatives and students from culturally and linguistically diverse backgrounds and strives to reduce the barriers faced by UNE Representatives and students from traditionally disadvantaged and marginalised backgrounds. UNE seeks to reflect the diversity of the communities that we serve in the composition of our own community and curriculum, as well as in our approach to teaching and learning, research and engagement.

(44) UNE works towards embedding the focus areas of service delivery, planning, leadership and engagement of the NSW Multicultural Policies and Services Program (MPSP) into core business activities (as per the Multicultural  NSW Act 200 (NSW)).

Gender Equity

(45) UNE takes a proactive approach in meeting and exceeding its gender equality targets for the six gender equality indicators (GEI’s) under the Workforce Gender Equality Act 2012 (WGE Act). These are reflected in the Equity, Diversity and Inclusion Rule, promoted through training and awareness raising campaigns and in active recruitment to identified positions under the Anti-Discrimination Act 1977.

(46) We acknowledge and understand that not everyone identifies with the gender binary, therefore a focus on gender equality needs to benefit all genders.

Mature Age Staff and Students

(47) UNE does not tolerate ageism and recognises the unique disadvantages in higher education faced by UNE Representatives and students who are mature age. UNE seeks to actively leverage the vast range of knowledge capital of our mature age cohorts while ensuring that the University’s learning and working environments are accessible to all.

Children and Young People

(48) UNE acknowledges Australia’s role as a signatory to the UN Convention on the Rights of the Child and holds as its standard the rights and obligations outlined under this convention. For more information on UNE’s commitment to child safety and supporting the rights of the child please refer to UNE’s Child Safe Policy.

Representation on Decision Making Bodies

(49) UNE aims to achieve increased representation of people from traditionally under-represented groups, including, but not limited to, women and people with diverse genders, people with disabilities, Aboriginal and/or Torres Strait Islander People, people from culturally and racially marginalised backgrounds (CARM) and people from the LGBTQIA+ community, in the leadership and membership of decision-making and advisory committees in the University. This aim reflects the University's responsibility under and commitment to the legislation stated in clause (3) of the UNE Equity, Diversity and Inclusion Rule. 

(50) Where representation is insufficient, it is the responsibility of the Chair of the relevant Committee to implement one or more of the following actions:

   a. examine the terms of reference, with a view to making recommendations for changes in the composition of the committee. This may include: limited term membership; provision for ex-officio members (particularly those who also chair committees) to be represented by a nominee who will be a member of one or more traditionally under-represented group; provide for a deputy chairperson or for rotation of the chairperson's office; broaden eligibility to include more junior members of staff;
   b. co-opt extra member(s) of the traditionally under-represented group/s;
   c. In the case of gender representation, appoint a deputy chairperson of a gender different to the chairperson;
   d. appoint deputies for members of traditionally under-represented group/s;
   e. ask bodies or individuals with nominating rights to consider nominating a member of traditionally under-represented groups;
   f. where membership is by election, electors must actively encourage nominations from traditionally under-represented groups.

(51)  As a benchmark, all committees should strive to have:

   a. 40:40:20 gender balance with 40 percent men; 40 percent women and 20 percent of members from non-binary genders;
   b. at least one representative with a disability
   c. at least one Aboriginal and/or Torres Strait Islander representative;
   d. at least one representative from a culturally and racially marginalised background (CARM); and
   e. at least one representative from the LGBTQIA+ community.

Breach of these Procedures

(52)  UNE Students

   a. complaints and grievances in relation to the application of these procedures are to be managed according to the Student (Related) Grievance Handling Policy and Procedures.

(53)  UNE Representatives

   a. Where either the UNE Academic and English Language Teaching Staff Enterprise Agreement 2020-2022, or UNE Professional Staff Enterprise Agreement 2019-2022 applies, the complaint process in the enterprise agreement will be followed in relation to the application of these procedures.
   b. Where the Complaints Policy – UNE Representatives not covered by Enterprise Agreements applies, the process in that policy will be followed in relation to the application of these procedures.  
 
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Section 3 - Authority and Compliance

(54) The Vice-Chancellor and Chief Executive Officer, pursuant to Section 29 of the University of New England Act 1993 (NSW), makes this procedure.

(55)  University Representatives and Students must observe the procedure in relation to University matters.

(56)  The Director People and Culture (as Procedure Administrator) is authorised to develop guidelines and associated documentation for the operation of these procedures that are staff related. The guidelines and associated documentation must be compatible with the provisions of the Equity, Diversity and Inclusion Rule.

(57)  This procedure operates as and from the Effective Date.

(58) Previous procedures on equity and diversity and related documents are replaced and have no further operation from the effective date of this new procedure.

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Section 4 - Section 4 - Quality Assurance

(59) The Chief Operating Officer (COO) and Director People and Culture will regularly monitor and report to the VC&CEO on the operation and effectiveness of this procedure.

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Section 5 - Definitions specific to this procedure

(60) Culturally and racially marginalised backgrounds (CARM) – ‘Culturally and racially marginalised backgrounds (CARM)’ - The terms ‘multicultural communities’ and ‘culturally and linguistically diverse’ (CALD) imply that there is a ‘norm’ of Anglo-white and all other Australians are ‘others’. There is ample evidence that this categorisation continues to lead to racist acts and policies.This group includes people who are black, brown, Asian, or any other non-white group, who face marginalisation due to their race. The term ‘culturally’ is added because it recognises that people may also face discrimination due to their culture or background.

(61) LGBTQIA+ – an acronym for people who are lesbian, gay, bisexual, transgender and gender diverse, queer and questioning, intersex, asexual and aromantic, plus other related identities. UNE usese the acronym LGBTQIA+ to be as inclusive as possible. We acknowledge that variations of this acronym exist and are also valid.

(62) Intersectionality – refers to the ways in which different aspects of a person’s identity can expose them to overlapping forms of discrimination and marginalisation.

 

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