(1) This Procedure is governed by the Prevention and Response to Gender-Based Violence Policy. This Procedure and the Policy should be read together. (2) This Procedure outlines initiatives by the University which are aimed at preventing gender-based violence. (3) This Procedure also outlines: (4) If a staff member or affiliate (the Discloser) wishes to inform a member of the University community that they have experienced gender-based violence, they can do so by making a disclosure or a formal report: (5) The Discloser can: (6) A disclosure or formal report can be made at any time. There is no time limit. However, the University encourages disclosures or reports to be made in a timely way to ensure that any delay does not impact upon the University’s ability to address the situation. (7) Subject to (8), the Discloser has autonomy and agency to decide: (8) Whether they wish to discontinue a disclosure or formal report they have made. This will not result in negative consequences for the staff member or affiliate, and a Safety and Wellbeing Consultant will work with the staff member or affiliate to address any concerns they may have. In limited circumstances, the University may take action without the consent of the Discloser, or continue action despite the Discloser wishing to discontinue – for example, if: (9) If the University decides to take action under (8), the action taken and the reasons for it will be explained to the Discloser. (10) A staff member or affiliate can make a disclosure or formal report (11) Additional support services available to staff are set out in Appendices A and B. (12) A University Member can complete the online reporting form on a staff member’s behalf – for example, where a University Member is supporting the staff member though a disclosure or formal report. (13) If a University Member witnesses or becomes aware of an incident of gender-based violence involving a staff member: (14) A staff member or affiliate can make an anonymous disclosure or formal report by completing the online reporting form without identifying themselves. However, where a staff member or affiliate does not provide their name and contact details: (15) Regardless of any other actions taken, information from anonymous disclosures or formal reports will be incorporated into de-identified reporting. This data will be used to identify patterns and inform strategies aimed at continuously improving the University’s prevention and response measures for staff in relation to gender-based violence. (16) A staff member can make an anonymous disclosure or formal report first and then identify themselves at a later date. There is no time limit on this. However, a delay in a staff member identifying themselves may impact upon the University’s ability to respond or take further action. (17) The University provides instruction so that staff and affiliates know how to respond to a disclosure or formal report: (18) Where appropriate, University Members can support a Discloser by: (19) Any staff member who receives a disclosure: (20) The University acknowledges that supporting someone who discloses gender-based violence can be a difficult experience. A staff member who is supporting another person through a disclosure or formal report can seek support for themselves through the Employee Assistance Program (EAP) Counselling service. (21) Where a staff member or affiliate discloses or makes a formal report that they have experienced gender-based violence, the University’s priority is to ensure the safety of the staff member or affiliate. For someone in immediate danger or requiring immediate medical attention, contact: (22) Where a disclosure or formal report is received by Employment Relations team, the Safety and Wellbeing Consultant will engage collaboratively with the Discloser to prepare a tailored support plan which may include consideration of the following (where relevant): (23) If a Discloser makes a formal report about an incident which is not university related conduct or relates to the alleged conduct of a person who is not a University Member (such as a former student, former staff member or affiliate or member of the public), the University: (24) Following receipt of a formal report which includes alleged gender-based violence by a student: (25) A Discloser who wishes to have their formal report of gender-based violence by another staff member investigated is encouraged to submit relevant information when making their formal report including: (26) The Safety and Wellbeing Consultant can work with a staff member to help them identify which information to submit. (27) The University respects the Discloser’s right to decide how much information to include in a formal report. However, if insufficient information is provided, the ability of the University to conduct an investigation or take other actions in response to the disclosure or formal report may be impacted. For example, the University may have limited ability conduct an investigation if the Discloser’s identity is not provided, or if the formal report alleges gender-based violence by another staff member but does not identify that staff member. (28) In such cases, the information provided will still be included in de-identified reports to help identify patterns and inform strategies for continually improving the University’s prevention and response services for staff in relation to gender-based violence. (29) Where a Discloser makes a formal report and requests to proceed to an investigation of their matter, Employment Relations will carry out a preliminary assessment of the formal report to determine whether the matter should proceed to investigation. The preliminary assessment will take into account: (30) Following preliminary assessment the University at its discretion and on a case-by-case basis, will decide whether a matter is referred for investigation. (31) If the University decides not to refer the matter for external investigation, the University will: (32) The expected timeframe for external investigations and any resulting disciplinary process is no more than 45 working days. The University will only permit extensions of time where required in a particular context. (33) If a decision is made to refer a matter for investigation, the University will notify the Discloser and the Respondent. The notification will be: (34) The notification to the Respondent will: (35) If the Respondent admits the alleged conduct, and if appropriate in the University’s view, the University may give the staff member a reasonable opportunity to improve their conduct. Otherwise, the matter will proceed to investigation in accordance with Section 5.6. (36) A staff member or affiliate will be assigned to support the Respondent. The staff member or affiliate will engage collaboratively with the Respondent to prepare a tailored support plan which may include consideration of the following (where relevant): (37) The same staff member or affiliate must not be assigned to support both the Discloser and the Respondent. (38) Where a matter is to be referred for investigation, the University will appoint and instruct an appropriately qualified and experienced investigator. The University may, at its discretion, appoint either an internal or external investigator to conduct the investigation. (39) Any investigation will be conducted in a procedurally fair and transparent manner, this includes: (40) The Respondent will be given the opportunity to participate in the investigation process. However, if they fail to engage (either within the required timeframe or at all) the investigation may proceed, and findings may be made based on the information available. (41) During the investigation process: (42) The role of the support person is to provide moral and practical support to an investigation participant. A support person must not: (43) During the course of an investigation, additional information may come to light in relation to an existing formal report leading to further allegations of gender-based violence. If this occurs, the University or investigator will send a notice to the Respondent to provide them with relevant details, including details of any new alleged gender-based violence allegations, and will provide the Respondent with a further opportunity to respond, in writing or by interview (or both). (44) While investigating a matter, the investigator may take into account any information they consider relevant. At the end of their investigation, the investigator will provide the University with a report of their investigation which will include findings of fact and may also include recommendations about whether the Respondent has engaged in: (45) An investigator’s report will not include any findings about whether the Respondent’s conduct may amount to criminal conduct. (46) Any investigation conducted under these Procedures will constitute an investigation under Section 7.2 (Discipline Provisions) of the Agreement. (47) Subject to the wishes of the Discloser, the University will inform the Discloser of the outcome of the investigation in writing (including whether a disciplinary process will be commenced) on the same day as the Respondent. (48) Any staff member who is responsible for considering and determining an allegation of staff gender-based violence must have completed specialist training, to be provided by the University or an organisation working in the area of gender-based violence. (49) Following receipt of an investigator’s report, the University will consider the report and determine whether to impose disciplinary action. In making this determination, and in any subsequent staff discipline proceedings, the University: (50) The University will notify the Respondent in writing of its decision as to: (51) Unless otherwise requested by the Discloser, the University will inform the Discloser of the disciplinary decision in writing on the same day as the Respondent. The notification will include information about: (52) Where relevant, the Respondent may request a review of a disciplinary decision in accordance with the Agreement . Review requests may be made in relation to a decision to demote the Respondent or to terminate their employment. (53) Any review requests will be addressed in accordance with the processes in the Agreement , subject to the following additional requirements: (54) Where a staff member or affiliate who has made a disclosure or formal report also wishes to report a matter to the police, the University will offer support to the staff member in that process. (55) Where a staff member has made a formal report involving a gender-based violence allegation against another staff member to the University and the police, the University, in its discretion, may decide to defer or temporarily suspend its internal process while the police investigation or legal proceeding takes place. If it is decided to proceed with a concurrent process, the University will proceed with care so as not to prejudice the criminal proceeding / process. (56) Deferral or suspension of a University investigation does not prevent the University from taking interim measures in accordance with Section 8. (57) If any court or tribunal makes a finding that a staff member has engaged in gender-based violence against any person, the University may rely on this finding as evidence in any subsequent misconduct investigation undertaken by the University in accordance with its misconduct procedures. (58) Where the University receives a formal report which includes a gender-based violence allegation against a staff member or where the University becomes aware that a report has been made to the police which includes a gender-based violence allegation against a staff member, the University may put in place interim measures to protect the safety and wellbeing of any member of the University community. Interim measures are not a penalty and do not pre-empt the outcome of an external investigation or a police investigation. (59) Interim measures may include, but are not limited to: (60) If the University becomes aware of alleged gender-based violence by a staff member in circumstances where a formal report has not been submitted, and the situation presents a potential risk of harm to any person, the University may take such action to respond to the situation as it considers appropriate, under this Procedure or otherwise. (61) The University will manage information in relation to a disclosure or formal report in accordance with its Privacy Policy and the Privacy Act 1988 (Cth). (62) The University acknowledges and respects that information relating to a disclosure or formal report is likely to be sensitive and personal. To the maximum extent possible, the University will protect the confidentiality of such information. (63) In limited circumstances, the University may be required to share information without the consent of a Discloser if the conduct disclosed is of a nature that the law requires the University to report the information. For example: (64) The University uses information from disclosures and formal reports as a basis for de-identified reports for the Senior Executive, governance committees and regulatory, as required, to help identify trends and to inform strategies for continually improving the University’s response and prevention services for staff members in relation to gender-based violence. (65) The Safety and Wellbeing Consultant is responsible for holding records in relation to disclosures, formal reports and Employment Relations will be responsible for holding records and reporting on investigations of gender-based violence allegations against staff members. (66) Any staff member who is involved in a gender-based violence matter, in any capacity, is required to keep the matter confidential. This means that, except where required by law, a staff member: (67) The following actions may result in adverse consequences, as they may constitute misconduct under staff misconduct policies: (68) The University will not use non-disclosure agreements in relation to gender-based violence disclosures or formal reports unless requested by the Discloser. (69) If a non-disclosure agreement is requested by the Discloser, it must not: (70) Prospective staff (including prospective student accommodation staff) must declare whether they have previously been: (71) When deciding if a person is suitable for employment the hiring manager must consider: (72) When deciding if a staff member is suitable for promotion, recognition or reward, managers must consider any finding by the University that they have committed sexual harm or gender-based violence in the course of their employment. (73) Staff must declare any existing or previous intimate personal relationship with: (74) If an employee provides information under clause (70), their manager must implement an appropriate plan to manage any potential conflict of interest pursuant to the Declaration of Interest Policy - Staff and Affiliates and the Declaration of Interest Procedure - Staff and Affiliates. (75) All current and prospective staff must comply with the University’s Safeguarding Children, Young People and Adults at Risk Policy. (76) The University is committed to maintaining safe student accommodation for all residents and staff. (77) Where a disclosure or formal report involves a staff member in University-owned, managed, or operated accommodation, the University will take immediate and proportionate action to manage any risk and ensure the safety of the Discloser, other residents, and staff. (78) Within 48 hours of receiving the disclosure or formal report the University will: (79) The processes in this Procedure will apply in relation to any disclosure or formal report relating a staff member working in University-owned, managed, or operated accommodation. (80) For student accommodation which is not owned, managed and/or operated by the University (that is, an affiliated student accommodation provider) the University will ensure those providers have appropriate processes for preventing and responding to gender-based violence. Where a disclosure or formal report relates to the staff member of an affiliated provider, the University will assist the Discloser in accessing the provider’s process and continue to provide support to the Discloser throughout. (81) All student accommodation providers (including affiliated student accommodation providers) must provide de-identified data on disclosures and formal reports. This data will inform reports to the Senior Executive, governance committees, and regulatory bodies, and will be used to identify trends and improve the University’s prevention and response strategies. (82) In line with the University's Policy Development Policy, this procedure will be reviewed in line with the governing policy and is scheduled for review every three years or more frequently if appropriate. (83) The following words and expression have the meanings listed below: (84) ACU Internal Support Services (85) For related legislation, policies, procedures and guidelines and any supporting resources please refer to the Associated Information tab.Staff Prevention and Response to Gender-Based Violence Procedure
Section 1 - Governing Policy
Section 2 - Procedure Statement
Top of PageSection 3 - Disclosures and Formal Reports
3.1 How to make a Disclosure or Formal Report
3.2 Anonymous Disclosure or Formal Report
3.3 Support for Staff who are Responding to a Disclosure or Formal Report
Section 4 - Initial Assessment and Interim Actions
Top of Page
Section 5 - Investigation of Gender-based violence
5.1 Formal Reports About Non-University Related Conduct or Non-University Members
5.2 Formal Report Against a Student
5.3 Formal Report Against a Staff Member
5.4 Preliminary Assessment
5.5 Notice that a Formal Report has been Made
5.6 Investigation
5.7 Staff Discipline Process
Top of PageSection 6 - Appeals
Top of Page
Section 7 - Report to the Police
Section 8 - Interim Measures for the Respondent
Top of PageSection 9 - University’s Ability to take Action
Section 10 - Record Keeping and Confidentiality
Top of Page
Section 11 - Adverse Consequences
Top of PageSection 12 - Non-Disclosure Agreements
Top of PageSection 13 - Safe Environments
Section 14 - Student Accommodation
Section 15 - Review
Section 16 - Definitions
Top of Page
Section 17 - Appendices
Part A - Appendix A - ACU Internal and External Support Services for Staff Members who have Experienced Gender-based violence
Part B - Appendix B - ACU Internal and External Support Services for Staff Members who are the Subject of a Formal Report of Gender-based violence
Top of Page
Section 18 - Associated Information
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Term
Definition
Accredited Specialist
means a person who meets the following criteria:
a psychologist, social worker or counsellor registered or accredited with their relevant industry body;
has undertaken formal training in supporting people affected by Gender-based Violence, including Trauma-informed practice; and
has undertaken training to build competency in working with specific cohorts including First Nations people, culturally and linguistically diverse communities, people with disability and people of diverse sexual orientation and gender identity.
ACU or the University
Australian Catholic University.
Affiliate
Non-University staff or students that include:
religious members;
members of affiliate institutions performing work for ACU;
volunteers;
contractors and consultants performing work for ACU;
a contractor engaged by the University or an individual employed by a contractor engaged by the University;
agency staff, e.g. temporary staff;
committee members who are not ACU employees;
honorary members;
visiting members; and
guests of University Members.
Affiliated Student Accommodation Provider
means a provider of accommodation to Students that is not directly owned, managed, operated or controlled by the University but is nevertheless affiliated with the University.
Agreement
Means the Australian Catholic University Staff Enterprise Agreement 2022 to 2025 or successor.
Code
means the National Higher Education Code to Prevent and Respond to Gender-based Violence.
Detriment
does not include reasonable management action to protect a person from detriment (for example, reallocating duties or reporting lines) or to manage unsatisfactory performance of a person who is or may be a Discloser.
Discloser
means a person who has shared information about their experience of gender-based violence. A person may be a staff member, student, affiliate or member of the public.
Disclosure
Disclosure has the meaning given in Clause (4)a) of these Procedures.
Formal report
Formal Report has the meaning given in Clause (4)b) of these Procedures.
Gender-based Violence
means any form of physical or non-physical violence, harassment, abuse or threats, based on gender, that results in, or is likely to result in, harm, coercion, control, fear or deprivation of liberty or autonomy.
Non-disclosure Agreement
means an agreement, including a deed of release or settlement agreement, that requires particular details to be kept confidential as part of reaching a settlement.
Person
includes a singular person or multiple people, as relevant.
Person-centred
means ensuring that the Discloser's needs and preferences are at the centre of decisions made in response to the Disclosure. The response systems, Policies and Procedures affirm the Discloser's dignity and support their healing by genuinely considering their wishes and the impact that decisions may have on them, while at all times ensuring the safety and wellbeing of the Discloser and other University Members.
Staff
An employee who has a current contract of employment with the University
Student
A person who is enrolled in any program, unit of study or research or non-award study offered by or at the University
Student Accommodation
means accommodation offered or provided to a Student by:
Student Accommodation Provider
means a provider of Student Accommodation that is not itself directly owned, managed and/or operated by the University but is nevertheless under the Control of the University.
Student Accommodation Staff
means pastoral care leader, residential student advisers and equivalents employed or engaged by the University, a Student Accommodation Provider or an Affiliated Student Accommodation Provider, including in a non-paid capacity.
Trauma informed
means an approach that applies the core principles of safety (physical, psychological and emotional), trust, choice, collaboration and empowerment. This approach aims to minimise the risk of re-traumatisation and promote recovery and healing to the greatest extent possible.
University leadership
Of the University includes:
a member of the governing body of the University (Senate) or of any committee of Senate; or
a member of Australian Catholic University Limited.
University Members
means the students, staff and affiliates of the Australian Catholic University.
University related activity
Any activity that is connected to the University, including activity that:
refers or relates to the University, its activities, or its Staff members, students, volunteers and
contractors engaged to perform University activities;
occurs on, or in connection with University land;
occurs using, or is facilitated by, University information technology resources or other University
equipment;
occurs during, or relates to, the performance of duties for the University;
occurs during, or in connection to, any University related function or event (whether sanctioned or organised by the University or not); or
when representing the University in any capacity.
University related conduct
Any conduct that is connected to the University, including conduct that:
refers or relates to the University, its activities, or its staff, Members, affiliates or students in their
status as staff, Members, affiliates or students of the University;
occurs on, or in connection with, University land;
occurs using, or is facilitated by, University information technology resources or other University equipment;
occurs during, or relates to, the performance of duties for the University;
occurs during, or in connection to, any University-related function or event (whether sanctioned or organised by the University or not) or when representing the University in any capacity;
occurs during any event run by or affiliated with Campus Student Associations or other Student Associations or organisations (whether sanctioned or organised by the University or not);
occurs during Student clinical, practicum, internship or work experience placements; or
occurs while a University student is participating in an overseas exchange, study abroad or another approved program.
Victimisation
means any conduct which causes any detriment to another person or that constitutes the making of a threat or to cause detriment to another person.
Employee Assistance program
Phone: 1300 364 27
ACU Medical Centres
ACU Security
ACU National Security Centre 24/7 Phone: 1300 729 452
Mobile app: SafeZone
Campus Ministry
External Support and Assistance
Lifeline
Crisis support and suicide prevention 13 11 14
1800 RESPECT
1800 RESPECT (1800 737 732)
National service available 24/7 providing confidential information, counselling and support for people impacted by sexual assault, domestic or family violence and abuse.
Webchat and interpreters available.
Reachout.com
Reachout.com provides information about what is sexual assault, including myths and facts around sexual assault, and can assist with support. https://au.reachout.com
Full Stop
Australia (formerly Rape & Domestic Violence Services Australia)
National Sexual Abuse and Redress Support Service – 1800 211 028 Rainbow Sexual, Domestic and Family Violence Helpline – 1800 497 212 Online counselling available
A free 24/7 telephone and online crisis counselling service for anyone who has experienced sexual assault or is a family member or friend of someone who has experienced violence.
Telephone interpreters available.
QLife
National LGBTIQA+ helpline and webchat – free and anonymous peer support and referral service 1800 184 527
Survivors and Mates Support Network (SAMSN)
1800 472 676
A dedicated service for men who have experienced child sexual assault in Australia
AUSTRALIAN CAPITAL TERRITORY (ACT)
Canberra Rape Crisis Centre (CRCC)
(02) 6247 2525 (7am – 11pm)
CRCC supports women, children and men who have experienced sexual assault, or people who are supporting others who have experienced sexual assault. They provide free and confidential crisis and ongoing counselling, support, advocacy, and information about medical and legal processes.
NEW SOUTH WALES (NSW)
NSW Sexual Violence Helpline (formerly NSW Rape Crisis)
1800 424 017
A free 24/7 telephone and online crisis counselling service for anyone who has experienced sexual assault or is supporting a family member or friend of someone who has experienced violence.
Interpreters are available.
NSW Health Sexual Assault Services Directory
NSW Health Sexual Assault Services offer free information, counselling, court support, medical treatment, and forensic examinations at various locations in NSW:
Northern Sydney Sexual Assault Services: Call (02) 9462 9477 (After hours: Royal North Shore Hospital, call (02) 9926 7111)
Eastern and Central Sydney Sexual Assault Service: Call (02) 9515 9040 (After hours: Royal Prince Alfred Hospital, call (02) 9515 6111)
Westmead Sexual Assault Service: Call (02) 8890 7940 (After hours: Westmead Hospital, call (02) 9881 8000)
QUEENSLAND (QLD)
State-wide Sexual Assault Helpline
1800 010 120 (7:30am – 11:30pm), 7 days
The Sexual Assault Helpline offers emotional support and referral pathways to anyone who has or thinks they may have been sexually assaulted or abused. It is also for those who are concerned someone they care about might have been assaulted or abused.
VICTORIA (VIC)
Centre Against Sexual Assault (CASA)
1800 806 292
A free confidential 24-hour emergency or crisis care service for victim / survivors who have recently been sexually assaulted. Services also include counselling support and may include access to medical care and legal processes.
Employee Assistance program
Phone: 1300 364 27
ACU Medical Centres
Campus Ministry
MensLine Australia
A telephone and online counselling service for men with emotional health and relationship concerns, including issues of violence.
https://mensline.org.au/ or call 1300 78 99 78
Men’s Referral Service
A men’s family violence telephone counselling, information and referral service for men using or at risk of using violent or controlling behaviour.
https://ntv.org.au/get-help/ or phone 1300 766 491