ANTI-DISCRIMINATION (INCLUDING ANTI – RACISM, GENDER) POLICY

Stakeholders: All at St Monica’s including, the Board, the wider school community and stakeholders. *SMDS denotes St Monica’s Diocesan School. St Monica’s Diocesan School: St Monica’s Diocesan School, as a Christian based school aligning itself with Christian principles, believes that discrimination of any form, including racism and injustice, are unethical and unacceptable. We believe all people are created equal by God and that it is our responsibility to promote a culture that ensures human dignity, respect and equal treatment for all members of our community. As a school, we are committed to the South African Constitution and believe that through education, we play a critical role in building a united and democratic South Africa that is intentional about healing the divisions of the past and establishing a society based on democratic values, social justice and fundamental human rights for all. As such, we recognise, value and promote diversity. The aim of this policy is to create unity, fairness and a safe, healthy and respectful school environment conducive for inspired learning and teaching, where each person can feel that they belong, are recognised for their uniqueness and all can develop and serve to their fullest potential. Aims and Objectives: St Monica’s Diocesan School rejects discrimination of all forms, including racism, gender- based violence, sexual orientation, xenophobia etc. and is committed to fighting this and to transformation*. St Monica’s Diocesan School values diversity and is committed to promoting a safe, caring, diverse and non-racist, respectful environment for all students, parents and staff based on equality, justice, personal dignity and mutual respect. At St Monica’s Diocesan School, we aim to provide a safe, secure, caring, supportive and diverse environment where we strive:  To prevent and eliminate any harassment*, or conduct of discrimination* by any member of the school community against another, as St Monica’s Diocesan School is a school which believes in belonging and respecting others, without undermining another’s dignity.  To promote an environment of mutual respect for, acceptance, understanding and appreciation of racial, cultural, gender and other differences, thereby creating a respectful environment free from discrimination.  To treat in a dignified and fair manner everyone within the SMDS community irrespective of race, gender, sex, ethnic or social origin, colour, sexual orientation, age,disability, religion, pregnancy, family responsibility, HIV status, belief or political opinion, culture, language, birth or any other arbitrary ground.  To create an awareness among staff, students and the SMDS community at large of the unacceptability of the use of any speech targeted at a specific group, including racial slurs, “hate speech”, disparaging or derogatory comments based on racial or cultural stereotyping, or any form of discrimination as in number 3 above, by all members of St Monica’s Diocesan School.  To inform parents and the school community of SMDS’s expectations and to foster productive partnerships, to ensure an environment free from discrimination, racism and other forms of social injustice.  To establish appropriate and accessible intervention for students and staff to address allegations of unfair discrimination, irrespective of culture, race, sexual orientation, gender, etc.  To model practices and policies free of discrimination, racism, cultural or gender-based practices to the staff and students and to offer opportunities for education and training in such.  To enable all staff and students not to be subjected to a fear of bullying, harassment* or victimisation because of their diversity* as a result of gender, race, ethnic origin, culture, language, sexual orientation or disability.  To oversee all transformation and diversity initiatives designed to redress past and present unfair discrimination and safeguard and endeavour to prevent any future unfair discrimination, including racism. *“Diversity” means understanding that each individual is unique and recognises individual differences. It includes the exploration of these differences in a safe, positive and nurturing school environment and moving beyond simple tolerance to embracing and celebrating the rich dimensions of diversity contained within each individual. * ‘Harassment’ means any conduct which is persistent or serious and demeans, humiliates or creates a hostile or intimidating environment, or is calculated to induce submission by actual or threatened adverse consequences, by virtue of a person’s race, gender, sex, ethnic or social origin, colour, sexual orientation, age, disability, religion, pregnancy, family responsibility, marital status, HIV status, conscience, belief, political opinion, culture, language, birth or on any other arbitrary ground. Harassment is a form of discrimination. * ‘Transformation’ means a profound re-orientation from past values and practices to a future defined by non-racialism, non-sexism and social relationships based on greater observance of human rights and equity. Transformation involves understanding the strategic, educational and moral imperatives for transformation, a fundamental change at a personal and school level and seeing transformation as a strategy for creating excellent, relevant and socially just schools. * ‘Unfair Discrimination or Discrimination' means any act or omission, including a policy, rule, practice, condition or situation which directly or indirectly:  imposes burdens, obligations or disadvantage on; or  withholds benefits, opportunities or advantages from any person on one or more of the following grounds: race, gender, sex, ethnic or social origin, colour, sexual orientation, age, disability, religion, pregnancy, family responsibility, marital status, HIV status, conscience, belief, political opinion, culture, language, birth or on any other arbitrary ground where discrimination based on that other ground  causes or perpetuates systemic disadvantage;  ii. undermines human dignity;  iii. adversely affects the equal enjoyment of a person's rights and freedoms in a serious manner. It is not discrimination to take affirmative action measures consistent with the purposes of the Employment Equity Act 55 of 1998 (as amended) or to distinguish, exclude or prefer any person on the basis of an inherent requirement of a job. It is not discrimination to take measures designed to protect or advance persons or categories of persons disadvantaged by prior discrimination or the members of such groups or categories of persons as referenced in the Promotion of Equality and Prevention of Unfair Discrimination Act 4 of 2000 (as amended) (the Equality Act). Principles of Policy: St Monica’s Diocesan School takes collective and individual responsibility to adhere to the principles, procedures and measures set out in this policy. All employees, whether fixed term, or part-time, and students, from the Pre- Primary to Matric, together with all coaches, visitors and stakeholders whilst on the St Monica’s Diocesan School property, are subject to this policy and must comply with it. This policy also applies to all students, staff and other stakeholders when they are representing the school off the St Monica’s Diocesan School premises. While the principles of this policy are applicable to the whole of the St Monica’s Diocesan School community, appropriate procedural variations will apply to different stakeholders and students in the different phases of the school without detracting from the intention and spirit of this policy.  St Monica’s Diocesan School strives to affirm and celebrate each and all students by developing their individual talents, attributes and abilities, and by helping them to learn ways to meet their fundamental human needs better.  St Monica’s Diocesan School thus commits to educate and address all forms of discrimination, including racism, bulling, harassment, victimization and vilification from its environment, so as to build a socially inclusive environment.  There will be rigorous and prompt investigation of any allegations of discrimination, particularly with regard to racism and gender based violence, and such will be viewed extremely seriously. If these allegations are substantive, the alleged will face disciplinary action. Unsubstantiated frivolous and malicious allegations of any kind shown to be discriminatory will be viewed extremely seriously, and the person making such allegations may face disciplinary action. Breach of this policy will initiate a disciplinary process, which could include restorative justice, disciplinary action or conflict resolution.  In view of the fact that any allegations of discrimination are viewed as serious and can be damaging to the careers and reputation of the persons against whom such allegations are made, it is incumbent on the person making the allegation to ensure that such allegations are with substance and are not frivolous fabrications borne from any direct personal conflict or disputes between the parties. Unsubstantiated allegations of the aforementioned nature will be dealt with seriously in a similar manner as would be the case for any other disciplinary offence.  St Monica’s Diocesan School commits to provide appropriate support to victims and witnesses of discrimination including access to the school registered staff in the phase Care Teams, as well as the Headmaster, for support.  St Monica’s Diocesan School shall ensure that complaints reported under the policy and procedures herein, are handled with confidentiality and handled in such a way that the identities of those involved is kept confidential. Any subsequent disciplinary enquiry, or measures, will also be handled with the utmost confidentiality.  All staff members are encouraged to promote equality and sensitivity to diversity among students and themselves. This should also be promoted in their work in all respective sections of St Monica’s Diocesan School. Reporting and dealing with incidents:  St Monica’s Diocesan School does not tolerate racism, discrimination, gender- based violence or discrimination, sexism, homophobia, xenophobia, harassment or slurs of any nature, and will rigorously investigate any allegations of such. Those found guilty will be dealt with in terms of the school phase’s disciplinary policy and may vary according to the age, maturity and phase in which the student is.  Should any person feel they are the victim of discrimination, racial slurs, harassment or victimisation, the matter should be reported to any member of staff, or student leader.  The responsible person approached by the complainant must report the matter to either the Head of the Phase or relevant Deputy or management team member.  No member of staff should ignore any form of discriminatory behaviour anywhere at St Monica’s Diocesan School. Such behaviour must be curtailed and immediately reported to the relevant person in each phase who will initiate appropriate procedures to deal with the matter.  The matter will also be dealt with by the Headmaster, Phase Head or his/her/its delegate and will be dealt with either informally or formally. The decision to move to an informal procedure is at the discretion of the investigating officer/person.  The informal procedure will be used with discretion when the initial investigation shows that a formal process would be further injurious to the parties involved. Should an informal process be followed, both parties, ideally with a witness, are to sign an affidavit that they are comfortable with the measures and decisions taken  Alternatively, the Phase Head/ Deputy Head must initiate a formal process in line with the phase code of conduct and disciplinary procedures.  Whilst education may indicate a restorative approach including mediation and counselling to address / resolve the problem, St Monica’s Diocesan School acknowledges that there may be occasions when the severity and nature of the offence may require a more formal process, which may include a punitive approach and disciplinary action that could include suspension, expulsion and dismissal.  Within forty-eight (48) hours (this needs EXCO discussion as to who would do this and the time it would take, whether Deputy or Phase Head) of meeting with the complainant and taking into account the wishes of the complainant for a formal or informal outcome, the interests of St Monica’s Diocesan School and the rights and duties of all parties, the group must decide how the complaint will be addressed.(There need to be back up plans to relieve the person investigating the complaint as this is time consuming and cannot be delayed.) Options include, but are not limited to:  A Disciplinary Committee (DC) enquiry and subsequent DC Hearing in the case of a student being the alleged perpetrator;  A disciplinary enquiry in terms of the Disciplinary Procedure in the case of a staff member or subcontractor being the alleged perpetrator;  SMDS School management must deal with the complaint in terms of the Enrolment/Parent contract in the case of a parent being the alleged perpetrator;  A member of EXCO (or a Discrimination Compliance Officer) with suitable expertise would deal with the complaint in the case of a visitor to the campus being the alleged perpetrator;  The Chairman of the Board must deal with the complaint in the case of a member of the Board being the alleged perpetrator;  Mediation, education, pastoral care and reconciliation and ways in which the alleged perpetrator and the wider SMDS school community can be educated and rehabilitated should be sought where possible;  In the first instance explain to the complainant the next step in the procedure and the possible outcomes of different approaches to dealing with the complaint. They should endeavour to ensure that the complainant receives appropriate emotional support and or counselling within one week of the complaint being received. The complainant should be encouraged to put the complaint in writing using the relevant complaint form.  It is recognised that in some instances a person may feel offended or hurt by another’s comments and/or behaviour, but may not want a formal outcome. The reason for the existence of the informal option is not to delegitimise the seriousness of the incident, but to offer a procedure that is flexible enough to capture the nuances of discrimination whilst also normalising complaints and in doing so make people more comfortable and inclined to lay complaints when they have been hurt or offended.  Under no circumstance should someone affected by an alleged violation of this policy feel pressured into taking an informal approach. Roles and responsibilities: All employees are required to attend any anti-discrimination, anti-racism, diversity, transformation and social justice workshops organised by St Monica’s Diocesan School during their employment to enhance their understanding of and compliance with this policy. In the light of how many policies need explanation and understanding, it is recommended that one afternoon every week be put aside for going over such policies. It should then be compulsory for staff to attend, and for those who can’t, to sign they have read and understand the implication of the policy under discussion. This is essential before implementing the policy and needs to be included in any future new staff briefing. The role of the Transformation Sub-Committee Board Portfolio member is advisory. These duties include education and engagement, with the permission, support and blessing of EXCO, with various stakeholder groups, around the subject of transformation, and to aid the Heads in facilitating change. Notwithstanding this role, The Headmaster, EXCO remain the custodians of anti- discrimination at St Monica’s Diocesan School and must take full accountability to ensure the implementation of this policy. Such accountability to be reflected in their performance assessments. The role of the Transformation Sub Committee includes inter alia oversight of all transformation and diversity initiatives designed to redress past and present discrimination and safeguard against future discrimination and to monitor compliance with this policy. Members of EXCO, and the Phase management teams, have the following responsibilities: ● To monitor the working environment to ensure that the acceptable standards of conduct are observed at all times. When discrimination is observed in the workplace, necessary steps should be taken by them to ensure that it is dealt with appropriately. ● To display the grievance policy in public places, e.g. in the phase staffrooms. ● On receiving a complaint, in certain circumstances, attempt to negotiate and informal resolution first. No formal enquiry or disciplinary proceeding should be commenced or pursued while mediation is taking place. ● Prior to, or during the mediation process, the Mediator may terminate the mediation and report the reason for this to the Phase Head if:  either party withdraws permission for mediation; or  the mediator decides that the dispute is not one appropriate for mediation; or  the mediator decides it will not be possible to reach a fair and appropriate settlement within a reasonable time frame.  The matter will then be referred to the Phase Head where a formal grievance procedure will have to be initiated if the complainant so desires. ● If an informal resolution is not appropriate the complainant has the option of lodging a formal complaint. ● To demonstrate and project appropriate behaviour themselves, including ensuring that they do not engage in conduct that may breach the policy and procedures set herein. ● To ensure employees, students and other relevant persons are aware of, understand and implement the Anti Discriminatory policy and complaints procedures set out herein. Complaints involving visitors and independent contractors must be submitted to the relevant administrator who will report such to the Compliance Office/ designated staff member to deal with complaints raised under this policy. ● To promote anti-discrimination education, including, among others, anti-racism, anti-gender-based violence, homophobia etc. at St Monica’s Diocesan School. All employees and students have a responsibility to: ● Ensure that they do not engage in any discriminatory behaviour, practices and/or vilification and/or breach of this policy;● Treat all members of the SMDS school community with respect and kindness, to be polite and well mannered, not to use any offensive language and not to tease, bully or humiliate any member of our community; ● Report any incident of discrimination; ● Offer support to anyone who is being discriminated against and direct them to sources of help and advice; and ● Maintain complete confidentiality of information and co-operate during the investigation of a complaint. Monitoring Role: The Phase Head and / or delegated person should:  Maintain records of suggestions, complaints and allegations concerning discrimination of any kind, including anti-racism, sexism, gender etc.,  Alert EXCO and the Transformation sub-committee about statistical trends Commitment: St Monica’s Diocesan School is committed to ensuring that our school sends a strong message that we stand against discrimination of any form. SUPPORTING DOCUMENTS Equality Policy Parent Contract Staff Contracts Code of Conduct for Students Code of Conduct for Staff Disciplinary Procedures SMDS Harassment and Fair Practice Policy SMDS Misconduct Staff Policy St Monica’s Guidelines for a Hurt-free school ANNEXURES Annexure A: This Annexure is designed to raise awareness of what could constitute Discrimination either in person or in any form of communication, including social media.  This section breaks down offences of discrimination. These may include, but are not limited to, the following:  Verbal abuse and threats;  Written Discrimination (e.g. graffiti);  Provocative behaviour (e.g. wearing discriminatory badges or insignia);  Discriminatory comments in the course of discussions;  Ridicule of an individual’s differences;  Attempts to recruit other individuals into exclusive groups on prohibited grounds;  Physical assaults;  Any distinction, exclusion, limitation or preference made by a person in an authoritative position who uses unfair grounds to distinguish, exclude, limit or prefer certain persons from being part of sporting codes, education, positions, activities or benefits of any kind meant for any person within the school environment.  This section breaks down more specific examples of potential offences in the categories of Discrimination: On the grounds of race: We acknowledge that  as an institution we were founded in a context that had been dominated by an apartheid regime, although SMDS opened its doors to all race groups in 1992.  apartheid, as a crime against humanity was, and is, legally, morally and theologically indefensible; and  the systemic impact of our colonial and apartheid past has hurt and marginalized individuals within the SMDS community. Consequently, we seek to continue to transform our communal and individual lives in order to heal the hurt and divisions of our past, and in order to embrace a future for South Africa shaped by all who live in it, especially the students within our care. 9  Dissemination of any propaganda or idea, which propounds the racial superiority or inferiority of any person, including incitement to, or participation in, any form of racial violence;  Engagement in any activity which is intended to promote, or has the effect of promoting exclusivity, based on race;  Exclusion of persons of a particular race group under any rule or practice that appears to be legitimate but which is actually aimed at maintaining exclusive control by a particular racial group;  Inferior treatment of a specific racial group, compared to those from another racial group;  Denial of access to opportunities, or failing to take steps to reasonably accommodate the needs of such persons;  Use of derogatory language to undermine a certain racial group;  Making fun of clothes, food or physical appearance of people from a different cultural context than your own;  Having lower expectations for students of different cultural or racial groups;  Telling or sharing jokes directed against people from particular racial or cultural groups;  Using insulting language against particular cultural or racial groups;  Making fun of peoples’ accents or names;  Refusing to work or play with or sit next to other people who are from a different culture or race group or speak a different language;  Telling people to ‘go back where they came from’;  Allocating tasks or classes to teachers or students according to their culture or background;  Laughing at a racist joke;  Not reporting racist behaviour;  Use religion to block racist behaviour from sight;  Belittling any cultural customs;  Speaking about “African time” to justify the late arrival of black people;  Speaking about people of other races as blocking opportunities for white people;  Promoting publications online that are opposed to, or insult, others based on race;  Wearing clothes with slogans that would offend any racial group;  Stating that a member of a particular race group only got to where they are because of their race;  Naming someone’s racist comment as “just an opinion”;  Justifying someone’s racism by blaming their upbringing/ background;  Believe that friendship with other race groups means you are non-racist; it takes more than that;  Saying we should just trust and respect each other. If trust is broken many times, it takes more than this to restore it;  Lecturing people about letting go of the past. They will do that in their own time.  Likewise, any reverse harassment or name calling from black people to Indian, White or Coloured race groups. On the grounds of gender: Parents or guardians, and their children, who choose to seek an education at SMDS, do so freely and, despite other choices which they could make. SMDS will also continue to work for the advancement and empowerment of women and the promotion of a society in which everyone has equal opportunity and is treated with dignity and respect. We do not abide with:  the denial of fair access to opportunities, or failing to take steps to reasonably accommodate the needs of such persons;  Gender-based violence and other forms of sexual harassment;  Calling girls or women derogatory and/ or sexual names;  The objectification of girls/women, or boys/men;  Undermining the contribution of women;  The denial of fair access to opportunities, or failing to take steps to reasonably accommodate the needs of such persons;  Failing to give girls and women equal opportunities, including in school based activities, sport, staff promotion etc., the exception being where such activity puts their safety at risk, e.g. playing rugby beyond Foundation Phase Grade 2.  Likewise denying boys an opportunity to participate in previously viewed girls’ sport, or vice versa, unless against the rules of the league for such participation to occur, which SMDS will then try to oppose. On the grounds of religion: Parents or guardians, and their children, who choose to seek an education at SMDS, do so freely and, despite other choices which they could make, in the belief, common to the rest of the community, that the faith-based nature of the education offered by St Monica’s Diocesan School, and its foundational principles, values and ethos, is what they wish for their children. Accordingly, they must uphold and respect the Christian faith as being at the heart of the character and life of St Monica’s Diocesan School. They must accept that every child is admitted to the total SMDS school programme, which includes curricular, co-curricular and extra–mural programmes and activities of the school, and not some of them only. Our Ethos states that we are a Christian based school, and as such we adhere to this, while respecting every person’s rights to their own religious beliefs. As there are other faith-based schools in Ethekwini, we support each parent’s rights to choose a school which affirms their religious beliefs. As such:  It is compulsory for SMDS students to attend assembly, mentor time (where applicable), lessons, co-curricular activities, and prize giving.  The student may not be excused from any activity or lesson to which they are committed on the grounds of religious beliefs.  There is, however, acceptance of other religious beliefs.  No student may be discriminated against on the grounds of his/her/its religious beliefs.  No student may be called any names as a result of his/her/its religion.  There may not be any hate speech or harassment.  There may also be no discrimination as to the gender of the pastor or priest who takes any Christian service at SMDS, based on our anti- discriminatory gender policy. On the grounds of sexual orientation and homophobia: SMDS will respect the identity of every student and will work towards making the school an inclusive place for all who learn here, and will endeavour, in an age and phase appropriate manner, to continually educate its community accordingly. We need therefore to guard against creating, reinforcing and perpetuating a very singular and narrow vision of masculinity, femininity, stereotyped masculinity and/or femininity and homophobia. All students –irrespective of sexual orientation or identity - have an equal right to a healthy inclusion within the school community. As such:  SMDS will consider for admission, all applicants who commit to the principles in this statement and to participate in our school’s education process and extra- curricular and co-curricular activities.  To honour the dignity of the human being without ostracisation, discrimination or any sense of self-superiority.  No student should be diminished, marginalised or valued less, because of his/her/its sexual orientation or gender identity, as they are entitled to equal rights.  In a case where a girl/boy/child who currently attends St Monica’s Diocesan School and no longer identifies as a girl/boy, the school will support, legally according to the Constitution, the student’s right to find their own identity.  Denying access to any event, function or school activity.  Name-calling, harassment, slurs, e.g., calling a student “gay” or hate speech, which would infringe on the rights to equality and dignity include calling a person insulting names because of how they express their gender identity or sexual orientation or refusing, mocking or belittling someone because of his/her/its/their sexual orientation.  Failing to support to or understanding the individual and their needs.  No person ought to feel compelled to reveal or discuss their sexual orientation against their own free will.  No person may treat a student differently because of the manner in which they express their gender or because of the persons to which they are attracted, or who purport to identify with the LGBTQIA + umbrella.  Refusing to interact with someone because of his/her/their/its gender identity or sexual orientation. *Additional terminology under the LGBTQIA+ Umbrella includes:  “queer” is an umbrella term which may be used to describe expressions of all gender identities and sexual orientations which are not heterosexual or cisgender.  “sexual orientation” means a person's romantic or sexual attraction to people of a specific gender or genders. Sexual orientation and gender identity must be seen as separate, distinct parts of people’s overall identities.  “transgender” means a person whose sense of personal identity and gender is different to what is generally considered typical for their sex assigned at birth.  “asexual” means a person who does not have sexual attraction to others, or has low or absent interest in or desire for sexual expression.  “non-binary” means a person who does not only and exclusively identify as a man or a woman. Non-binary people may identify as being both a man and a woman, somewhere in between, or as falling completely outside these categories.  “bisexual” means being sexually attracted not exclusively to people of one particular gender.  “plus” “is included in the LGBTQIA+ acronym to encompass a list of other identities and orientations, ensuring that the term is as inclusive and intentional as possible about representing different expressions and identities. On the grounds of disability: While SMDS respects the rights of each and every individual, SMDS is a mainstream school and not one for special needs students. Although we do try to facilitate students with learning challenges where we can offer support through our AEU Unit, we are not able to facilitate students who have an intellectual disability which would render them to be disadvantaged by the mainstream education offered at St Monica’s Diocesan School, as this would not be in their best interests to do so. We do not tolerate:  Mocking or belittling someone because of his/her/its disability;  Calling such a person derogatory names;  Denying opportunities to someone capable of doing something on the grounds of their disability;  Failing to prevent barriers to that disability;  Denying access to certain privileges or opportunities; Commitment: SMDS remains committed to creating a feeling of belonging for each and every student and abhors any discrimination of any kind, which will be dealt with accordingly. POLICY CREATED BY: G. Roberts FILE LOCATION: Health and Safety/ Code of Conduct DATE CREATED: 2024 DATE TO BE REVIEWED OR MODIFIED: BY WHOM: EXCO (every year)