(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 student (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) 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) If a disclosure or formal report is made by a student under 18 years old, it will be managed and responded to in accordance with the Safeguarding Children, Young People and Adults at Risk Policy and Safeguarding Children, Young People and Adults at Risk Procedure. (11) A student can make a disclosure or formal report: (12) The ACU National Security Centre can also be contacted on 1300 729 452 should a student require immediate assistance with respect to a matter. (13) Additional support services available to students are set out in Appendices A and B. (14) A University Member can complete the online report form on a student’s behalf – for example, where a University Member is supporting a student through a disclosure or formal report. (15) If a University Member witnesses or becomes aware of an incident of gender-based violence involving a student: (16) A student can make an anonymous disclosure or formal report by completing the online report form without identifying themselves. However, where a student does not provide their name and contact details: (17) 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. (18) A student 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 student identifying themselves may impact upon the University’s ability to respond or take further action. (19) The University provides instruction so that staff and students know how to respond to a disclosure or formal report: (20) Where appropriate, University Members can support a Discloser by: (21) Where a student discloses or makes a formal report that they have experienced gender-based violence, the University’s priority is to ensure the safety of the student. For someone in immediate danger or requiring immediate medical attention, contact: (22) Any staff member who receives a disclosure must: (23) The University acknowledges that supporting someone who discloses gender-based violence can be difficult experience. There is support available to assist you, ensuring that both students and those supporting them feel cared for and empowered throughout the process. The following support options are available for staff and students who are supporting a student through a disclosure or formal report: (24) Where a disclosure or formal report is received by the Safeguarding and Student Safety team, a member of the team will engage collaboratively with the Discloser to prepare a tailored support plan which may include consideration of the following (where relevant): (25) 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: (26) Following receipt of a formal report which includes alleged gender-based violence by a staff member: (27) Where the alleged gender-based violence is by an affiliate of the University, the matter will be referred to People and Capability for advice. (28) A Discloser who wishes to have their formal report of gender-based violence by another student externally investigated is encouraged to submit relevant information when making their formal report including: (29) A member of the Safeguarding and Student Safety team can work with a student to help them identify which information to submit. (30) 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 student but does not identify that student. (31) 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. (32) Where a Discloser makes a formal report and requests to proceed to an external investigation of their matter, University will carry out a preliminary assessment of the formal report to determine whether the matter should proceed to external investigation. The preliminary assessment will take into account: (33) Following preliminary assessment, the Director, Student Experience and Enhancement or delegate, in their discretion and on a case-by-case basis, will decide whether a matter is referred for external investigation. (34) If the University decides not to refer the matter for external investigation, the University will: (35) 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. (36) If a decision is made to refer a matter for external investigation, the University will notify the Discloser and the Respondent. The notification will be: (37) The notification to the Respondent will: (38) A member of the Safeguarding and Student Safety team will be assigned to support the Respondent. The team member will engage collaboratively with the Respondent to prepare a tailored support plan which may include consideration of the following (where relevant): (39) The same member of the Safeguarding and Student Safety team must not be assigned to support both the Discloser and the Respondent. (40) Where a matter is to be referred for external investigation, the Director, Student Experience and Enhancement or delegate will appoint and instruct an appropriately qualified and experienced external investigator. (41) Any investigation will be conducted in a procedurally fair and transparent manner, this includes: (42) 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. (43) During the investigation process: (44) The role of the support person is to provide moral and practical support to an investigation participant. A support person must not: (45) Aboriginal and Torres Strait Islander students may: (46) During the course of an external 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 Director, Student Experience and Enhancement or external investigator will send a notice to the Respondent to provide them with relevant details, including details of any new alleged gender-based violence allegation, and will provide the Respondent with a further opportunity to respond, in writing or by interview (or both). (47) While investigating a matter, the external investigator may take into account any information they consider relevant. At the end of their investigation, the external 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: (48) An external investigator’s report will not include any findings about whether the Respondent’s conduct may amount to criminal conduct. (49) Subject to the wishes of the Discloser, the University will inform the Discloser in writing of the outcome of the investigation (including whether a disciplinary process will be commenced) on the same day as the Respondent. (50) Following receipt of an external investigator’s report, the University will consider the report and determine whether to commence student discipline proceedings. (51) In making this determination, and in any subsequent student discipline proceedings, the University: (52) If it is determined that student discipline proceedings should take place, a discipline committee will be constituted in accordance with the Student Conduct Policy subject to the following additional requirements: (53) If the Respondent lodges an application for review or appeal, the application will be addressed in accordance with the Student Appeals Procedure subject to the following additional requirements: (54) Where a student who has made a disclosure or formal report also wishes to report a matter to the police, the University will offer support to the student in that process. (55) Where a student has made a formal report involving a gender-based violence allegation against a student 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 student 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 student or where the University becomes aware that a report has been made to the police which includes a gender-based violence allegation against a student, 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 student 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) 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 student 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 reports, as required, to help identify trends and to inform strategies for continually improving the University’s response and prevention services for students in relation to gender-based violence. (65) The National Manager, Safeguarding and Student Safety is responsible for holding records in relation to disclosures, formal reports and investigations of gender-based violence allegations against students. (66) In the case of a student visiting ACU from another University, ACU processes will apply. If the processes of a student’s ‘home’ University should apply once an overseas student returns to their country of origin, and under those processes reporting is required from ACU, ACU will seek to work with a student to determine how the report should be made. (67) Any student 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 student: (68) If a student does not have an immediate family member they can talk to, they may discuss the matter with no more than two friends for the purpose of receiving confidential advice and support. If those friends are ACU students, they must keep the matter entirely confidential and not discuss it with any other person. (69) following actions may result in adverse consequences, as they may constitute student misconduct under the Student Conduct Policy or staff misconduct under staff misconduct policies: (70) The University will not use non-disclosure agreements in relation to gender-based violence disclosures or formal reports unless requested by the Discloser. (71) If a non-disclosure agreement is requested by the Discloser, it must not: (72) Prospective staff (including prospective student accommodation staff) must declare whether they have previously been: (73) When deciding if a person is suitable for employment the hiring manager must consider: (74) 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 gender-based violence in the course of their employment. (75) Staff must declare any existing or previous intimate personal relationship with: (76) If an employee provides information under clause (74), their manager must implement an appropriate plan to manage any potential conflict of interest pursuant to the Declaration of Interest Policy and the Declaration of Interest Procedure. (77) All current and prospective staff must comply with the University’s Safeguarding Children, Young People and Adults at Risk Policy. (78) The University is committed to maintaining safe student accommodation for all residents and staff. (79) Where a disclosure or formal report involves a resident 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. Actions may include relocating the Respondent to alternative accommodation or arranging urgent support services for the Discloser and Respondent. (80) Within 48 hours of receiving the disclosure or formal report the University will: (81) If, after considering the Discloser’s views, the University determines that permanent removal from student accommodation is necessary to protect residents’ safety, it may remove a person who has a proven allegation of gender-based violence against them. (82) The processes in this Procedure will apply in relation to any disclosure or formal report relating to University-owned, managed, or operated accommodation. (83) 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 an affiliated provider, the University will assist the Discloser in accessing the provider’s process and continue to provide support to both the Discloser and Respondent throughout. (84) 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. (85) 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. (86) The following words and expression have the meanings listed below: (87) For related legislation, policies, procedures and guidelines and any supporting resources please refer to the Associated Information tab.Student Prevention and Response to Gender-Based Violence Procedure
Section 1 - Governing Policy
Section 2 - Procedure Statement
Top of PageSection 3 - Disclosure and Formal Reports
3.1 How to Make a Disclosure or Formal Report
3.2 Anonymous Disclosure or Formal Report
3.2 Support for Staff and Students who are Responding to a Disclosure or Formal Report
Top of Page
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 Reports Against a Staff Member
Formal Report Against a Student
5.4 Preliminary Assessment
5.5 Notice that a Formal Report Has Been Made
5.6 External Investigation
5.7 Student Discipline Process
Top of Page
Section 6 - Appeals
Top of Page
Section 7 - Reports to the Police
Section 8 - Interim Measures for the Respondent
Top of PageSection 9 - Universities Ability to take Action
Section 10 - Record Keeping and Confidentiality
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 - Appendecies
Part A - Appendix A
Part B - Appendix B
Top of Page
Section 18 - Associated Information
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Available to staff
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Employee Assistance Program (EAP) Counselling service
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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 affiliates 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; or
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.
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.
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 affiliates 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 aNLGliates 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, ANLGliates or students in their student accommodation;
status as staff, Members, ANLGliates 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 aNLGliated 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.
ACU 24 Hour Mental Health Support Line
ACU Medical Centres
ACU Security
ACU National Security Centre 24/7 Phone: 1300 729 452
Mobile app: SafeZone
Access and Disability Service
Ally Network
https://staff.acu.edu.au/people_and_capability/ally-network
Campus Ministry
Counselling Service
First Peoples Directorate
https://www.acu.edu.au/about-acu/faculties-directorates-and-staff/directorates/first-peoples-directorate
Indigenous Higher Education Units
Yalbalinga (Blacktown, North Sydney, and Strathfield)
Email: yalbalinga@acu.edu.au
Phone: 02 9701 4258
Dhara Daramoolen (Canberra)
Email: dharadaramoolen@acu.edu.au
Phone: 02 6209 1231
Jim-baa-yer (Melbourne and Ballarat)
Email: jimbaayer@acu.edu.au
Phone: 03 9953 3004
Weemala (Brisbane)
Email: weemala@acu.edu.au
Phone: 07 3861 6122
Global Engagement
https://www.acu.edu.au/international-students/contact-international-student-support/international-student-advisers Phone: 02 9465 9273 or 1800 180 391 (after hours)
Legal Advice Service
Wisewould Mahoney Lawyers - Note: restrictions on the nature and extent of the advice may apply. www.studentportal.acu.edu.au/legal
Request form: https://acu.wisewouldmahony.com.au
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
Safety Support Network
Safeguarding and Student Safety team
Email: respectandsafety@acu.edu.au
Student Advocacy Service
Lifeline
Crisis support and suicide prevention 13 11 14
13 YARN
13 92 76 (for Aboriginal and Torres Strait Islander community members)
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.
inTouch
1800 755 988 (for migrant and refugee community members)
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.
Domestic Violence Crisis Service (DVCS)
(02) 62 800 900 (24/7 ACT crisis line)
DVCS is a non-government, not-for-profit organisation committed to providing specialist domestic and family violence support services to anyone in the ACT region.
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.