(1) The purpose of this policy is to outline the University’s principles for preventing and responding to student sexual misconduct. (2) This Policy applies to all students and staff. In addition, a person who was a student at the time of any alleged sexual misconduct may make a disclosure or formal report of sexual misconduct. (3) This Policy applies to the management of any disclosure or formal report of sexual misconduct made by or on behalf of a student, including matters where an allegation of sexual misconduct is made against a student. (4) The Policy is not intended for use in relation to staff-to-staff or student-to-staff allegations of sexual misconduct. Allegations against a staff member will be managed in accordance with the Staff Sexual Misconduct Policy. (5) Alleged sexual misconduct by a person who is both a staff member and a student may be managed under the policies and procedures applicable to staff, or the policies and procedures applicable to students, or both as determined by the University. (6) ACU, consistent with the ACU Mission, Identity and Values, strives to maintain a community characterised by respect for others. A culture of respect means that sexual misconduct is not tolerated. Accordingly, the University: (7) The University will continue to develop and implement a range of prevention strategies aimed at minimising the risk of a person experiencing sexual misconduct. These prevention strategies are informed by evidence, including the Australian Human Rights Commission’s Change the course: report on sexual assault and sexual harassment at Australian universities (2017) and the results of the National Student Safety Survey (2021). (8) The University’s prevention and response strategies are overseen by the Safeguarding and Student Safety Advisory Committee, chaired by the Vice-Chancellor and President, with an emphasis on continuous improvement. The committee includes representation from academic and professional staff, and from students, across all campuses of the University and online. (9) Prevention and response strategies are developed and implemented with awareness that: (10) Any student who fails to complete the respectful relationships module for students by the commencement of the examination period of the relevant study period will be subject to consequences as set out in the Academic Regulations, until such time as the module is complete. (11) Where a student makes a disclosure or formal report that they have experienced sexual misconduct, the University’s primary concern is for the safety of the student. The University is also committed to providing information and support to the student, to aid their recovery and help them to continue with their studies. (12) The University recognises that: (13) The University’s commitment to preventing and responding to sexual misconduct is demonstrated through the provision of specialist resources including: (14) When responding to a disclosure or formal report of sexual misconduct, the University will take a trauma-informed and strengths-based approach which emphasises physical, psychological and emotional safety for everyone involved, and seeks to minimise trauma, distress and any other risks to wellbeing arising from the disclosure or formal report or the handing of a sexual misconduct allegation. The University aims to bring sensitivity and good management to its responses to disclosures and formal reports. (15) Where a student makes a sexual misconduct allegation against another student, the University will manage the matter in accordance with the Student Sexual Misconduct Prevention and Response Procedure. Any finding or outcome by the University regarding a sexual misconduct allegation against a student will address whether or not a student’s conduct has breached University policies, procedures, guidelines or codes. It is beyond the power of the University to make legal findings such as whether a student’s conduct constitutes criminal conduct. The University’s processes are not a substitute for criminal investigation by the police. (16) In any investigation and/or discipline process resulting from a sexual misconduct allegation against a student, the University will treat individuals fairly, impartially, equitably and with compassion and empathy while adhering to the principles of procedural fairness in making decisions related to alleged incidents. (17) Any information gathered by the University in the process of reporting, investigating and determining an allegation of sexual misconduct will be undertaken in accordance with the University’s Privacy Policy and the Privacy Act 1988 (Cth) and will be kept confidential in a secure location, accessible to appropriately authorised staff and will comply with the university’s Records and Archive Management Policy. (18) Any staff member who requires assistance in understanding this Policy and Student Sexual Misconduct Prevention and Response Procedure should first consult with their supervisor. If further advice is needed, the staff member should contact a member of the Safeguarding and Student Safety team or the Director, Student Experience. Any student who requires assistance should contact the Safeguarding and Student Safety team. (19) Terms used in this Policy and Student Sexual Misconduct Prevention and Response Procedure are consistent with the Glossary of Student and Course Terms. The following specific definitions also apply: (20) The revision table includes revisions up until this document was migrated into the current policy platform. Any later changes will show in the Status and Details tab. (21) For related legislation, policies, procedures and guidelines and any supporting resources please refer to the Associated Information tab.Student Sexual Misconduct Prevention and Response Policy
Section 1 - Purpose
Section 2 - Scope / Application
Section 3 - Policy Statement
Top of PageSection 4 - Principles
Section 5 - Further Assistance
Section 6 - Definitions
Term
Definition
Consent
Disclosure
Disclosure has the meaning given in Section 4 of the Student Sexual Misconduct Prevention and Response Procedure.
Formal report
Formal report has the meaning given in Section 4 of the Student Sexual Misconduct Prevention and Response Procedure.
Sexual assault
Sexual harassment
Sexual misconduct
Sexual misconduct means sexual assault and sexual harassment, and, for the purpose of this Policy and Student Sexual Misconduct Prevention and Response Procedure, includes domestic and family violence.
Student
Student has the meaning given in the Glossary of Student and Course Terms, and, for the purpose of this Policy and Student Sexual Misconduct Prevention and Response Procedure, includes a person who was a student at the time of any alleged sexual misconduct.
Section 7 - Revisions made to this Policy and Procedure
Top of Page
Date
Major, Minor or Editorial Revision
Description of Revision(s)
Section 8 - Associated Information
View Document
This is the current version of this document. You can provide feedback on this document to the document author - refer to the Status and Details on the document's navigation bar.
Consent – A person consents to a sexual act if they freely and voluntarily agree to that act. For the purposes of this Policy and the Student Sexual Misconduct Prevention and Response Procedure:
Sexual assault occurs when a person is forced, coerced or tricked into sexual acts against their will, without their consent, or after their consent has been withdrawn. Examples include:
Sexual harassment is any unwanted or unwelcome sexual behaviour which makes a person feel offended, humiliated, or intimidated. Examples include:
9 December 2021
Minor
November 2022
Major
Major review and rewrite of policy.