Sexual Assault and Sexual Harassment

Sexual assault and sexual harassment are affronts to human dignity and in many cases are criminal acts. The University of Divinity does not tolerate such behaviour. The University is committed to providing a safe and respectful environment that is free from sexual assault and sexual harassment, for all members of the University.

All members of the University are responsible for their behaviour and actions, and are required to:

• Comply with the Sexual Assault and Sexual Harassment Policy
• Behave appropriately in accordance with the University’s Code of Conduct
• Promote an environment of mutual respect
• Maintain appropriate confidentiality concerning any disclosure, report, complaint or investigation
• Manage disclosures and complaints about sexual assault and sexual harassment in a timely and confidential manner, following due process.

Definitions

What is sexual assault?

Sexual assault is behaviour that has not been invited or chosen, can be an isolated incident or part of a pattern of events or violence, and may have a range of effects. Sexual assault can involve:

• rape
• when a person is forced or coerced or tricked into sexual acts against their will or without their consent, including when they have withdrawn their consent
• attempted rape, touching, groping, kissing, sexual abuse, or torture in a sexual manner.

What is sexual harassment?

Sexual harassment is when a person makes an unwelcome sexual advance, or an unwelcome request for sexual favours, to another person, or engages in any other unwelcome conduct of a sexual nature in relation to another person, in circumstances in which a reasonable person, having regard to all the circumstances, would have anticipated that the other person would be offended, humiliated or intimidated. Sexual harassment can involve:

• unwanted ongoing declarations of affection or approaches for affection, including gifts
• unwelcome touching, hugging or kissing
• staring or leering
• sharing sexually explicit photographs that have been taken with consent but shared without permission
• the display of sexually suggestive material
• unwelcome invitations to go out on dates or requests for sex.

Prevention

The University is committed to providing awareness and training regarding sexual assault and sexual harassment to its staff and students, with the aim of ensuring that they are well informed as to their personal responsibility for their personal safety and that of those around them, and the responsibility of an Active Bystander.

The University will:

• Develop training and orientation materials to support the University’s Sexual Assault and Sexual Harassment Policy, including encouraging disclosure of all incidents, and promoting and encouraging bystander intervention.
• Provide training to all University staff through regular professional development in relation to the University’s policy on sexual assault and sexual harassment reporting, response, and prevention.
• Make available First Responder Training for staff and students.
• Make available Active By-Stander Training for staff and students.
• Make sexual assault and sexual harassment information and training materials available on the University’s website and the student learning management system for ongoing awareness and prevention.

Reporting

We encourage you to report to the University of Divinity any behaviour that you consider to be in breach of the Policy. The University will ensure that the sensitivity of individuals is safeguarded and confidentiality maintained when reports are received.

Any student, staff, or member of the University can report an incident of sexual assault or sexual harassment.

• For students, incidents can be reported to any member of staff at a College, School or the University, the College Safeguarding Officer or First Responder, or the University’s Fair Treatment and Safeguarding Coordinator.
• For staff, incidents can be reported to a member of the senior management of a College, School or the University, a First Responder, or the University’s Fair Treatment and Safeguarding Coordinator.
• For any other member of the University, incidents can be reported to the University’s Fair Treatment and Safeguarding Coordinator, or a member of the senior management of a College, School or the University.

A factual report can be made about an incident that has happened to someone else by a witness on behalf of the victim using the University’s Complaint Notification Form, but details of the victim should only be provided with the consent of that person.

The University’s Complaint Policy’s reporting process using the Complaint Notification Form is available to report an incident.

In an emergency or in circumstances of immediate danger for those who are experiencing, have experienced, or witnessed sexual assault or sexual harassment, call the:
Police and emergency services (24 hours): 000

Getting Support

Students and staff may seek support in reporting an incident from a support person of their choice from within the University or externally.

Specialist support

Students, staff or other members of the University who have experienced sexual harm can obtain specialist support and advice from the following services:

• Centre Against Sexual Assault – 03 9635 3600 (Melbourne)
• Sexual Assault Crisis Line (24 hours): 1800 806 292
• National Hotline for Sexual Assault, Domestic or Family Violence (24 hours): 1800RESPECT (1800 737 732)
• NSW Sexual Violence Helpline – (New South Wales) 1800 424 017
• Yarrow Place Rape & Sexual Assault Service – (Adelaide) 1800 817 421
• Sexual Assault Helpline – (Queensland) 1800 010 120
• Sexual Assault Resource Center – (Western Australia) 1800 199 888
• NSW Domestic Violence Line – (New South Wales) 1800 656 463 (24 hours)
• Bravehearts NSW (02) 9810 5898 Protecting against child assault and exploitation
• Commonwealth Ombudsman 1300 362 072 – providing support to former, current and future international students

Fair Treatment and Safeguarding Coordinator

The University’s Fair Treatment and Safeguarding Coordinator provides support and assistance to a complainant, respondent, investigator, and investigation panel as outlined within the University’s Complaints Policy.

They can provide support to students and staff by:

• Clarifying whether the alleged behaviour may constitute unlawful discrimination, sexual harassment, discriminatory harassment, vilification, bullying, victimisation, serious misconduct or criminal behaviour
• Providing information about the relevant policies and the complaints procedure
• Advising you of your rights under relevant policy and legislation
• Advising you of the options available to you, including making a complaint to an external body
• Encouraging you to seek the type of support that you need and provide referrals as appropriate
• Exploring strategies to resolve the matter.

Response

The wellbeing and safety of the person experiencing sexual assault or sexual harassment is the primary focus of the University, in responding to any disclosure of and in addressing any report or complaint of sexual assault and sexual harassment.

• Staff must respond in a compassionate and empathetic manner to any person who discloses that they have experienced, witnessed, or have information about sexual assault or sexual harassment activity.
• Confidentiality must be maintained concerning any disclosure, report, complaint, or investigation, except where disclosure of relevant information on a ‘need to know’ basis is necessary to meet the University’s duty of care to those affected or to meet legal requirements.
• Disclosures, concerns or complaints of sexual assault and sexual harassment must be managed in a timely, confidential and fair manner, ensuring due process to all parties.
• Staff to whom a disclosure or a report has been made must assess, in consultation with senior management where appropriate, the criticality of the incident, report or disclosure. Timely and accurate advice must be provided about personal support services, including access to emergency services, health services, counselling, legal advice, advocacy, and welfare services.
• Where a reported incident may involve a criminal offence (such as sexual assault), the person receiving the report must apprise the person making the report, about making a formal report to the police and offer support to do so. The decision to report or not to report the incident to police must be respected, and the person/s must not be pressured to report or not report the incident to the police.
• The University’s reporting and investigation of sexual assault and sexual harassment matters must be recognised as separate from any criminal processes that may arise as a result of the matters being notified to the police.