(1) This Procedure is effective from 30 May 2024. (2) This Procedure guides and informs the way in which the University will support and respond to any matter involving sexual harm. (3) This Procedure applies to students, staff and associates of the University. (4) This Procedure does not apply to sexual harm relating to children. Reports of sexual harm relating to children are managed through the Child Safety policy. (5) Sexual harm that occurs in the context of family violence will be responded to in accordance with the Family Violence (Student Support) procedure and Family Violence (Staff Support) procedure. (6) This Procedure is pursuant to the Sexual Harm Prevention and Response Policy. (7) The University defines sexual harm as sexual assault (including rape), any other behavior of a sexual nature which is a crime in Victoria, sexual harassment, and any behavior of a sexual nature that may constitute student or staff misconduct. Examples of behavior and actions that cause sexual harm are in section 6 of this Procedure. (8) In an emergency or in circumstances of immediate danger the following resources are available to students, staff or associates who are experiencing, have experienced or witnessed, sexual harm: (9) Students, staff or associates who have experienced sexual harm can also obtain specialist support and advice from the following services: (10) Safer Community is an internal University service available to provide support to all Deakin students, staff or associates who are experiencing, or have experienced, any form of sexual harm. Safer Community are available from 9am to 4pm Monday to Friday and can be contacted on 03 9244 3734 or at safercommunity@deakin.edu.au. For emergencies or after hours contact: (11) Students, staff and associates may contact Safer Community for the purpose of seeking advice and support and/or to enable precautionary measures to be put in place to promote safety and wellbeing. Students, staff and associates who have experienced sexual harm may choose not to identify themselves or the other person/s involved. The University supports the rights of students, staff and associates to decide what information they disclose in response to instances of sexual harm, including whether to make a disclosure anonymously. The University’s ability to respond to a disclosure may however be impacted if the information provided is incomplete. (12) Safer Community will guide and coordinate the University’s support for the student, staff member or associate including: (13) Students or staff members who have experienced sexual harm may choose to seek advice and support from Safer Community and/or from any other person or service, including but not limited to: (14) Students may also contact: (15) Staff may also contact: (16) Where a student or staff member contacts anyone identified in clauses 13,14 or 15 this individual must respond in accordance with the training and other resources provided by the University. They should support the student or staff member to contact Safer Community and/or seek advice from Safer Community . In the event the disclosing student or staff member does not wish to contact or seek advice from Safer Community the staff or associate must refer to the matter to Safer Community as soon as practicable but may withhold the identify of the person making the disclosure if that person does not wish their identify to be shared. (17) Safer Community may recommend, facilitate, negotiate and put in place temporary or permanent precautionary measures in response to an incident of sexual harm to protect the wellbeing and safety of all students, staff and associates. Safer Community will consult with Deakin Security, Faculties and Portfolios in implementing appropriate precautionary measures. (18) Precautionary measures are not a penalty or sanction and do not indicate that the University has concluded that a breach of the Student Code of Conduct or Staff Code of Conduct has occurred. (19) In highly complex or contentious circumstances, Safer Community will advise the Critical Incident Management Team’s Threat Assessment and Management Group, who will determine whether precautionary measures are reasonable and should be implemented. (20) Students, staff or associates can make a report or complaint with or without the support of Safer Community . (21) Where the behavior of a student may constitute sexual harm: (22) Making a complaint via the Student Complaints team may result in an internal or external investigation or alternative dispute resolution. Possible outcomes include an apology, training or a change in practice, in addition to, disciplinary action if the alleged perpetrator is a staff member or cessation of engagement if the alleged perpetrator is an associate. (23) Reporting the alleged misconduct to Student Conduct team may result in an internal investigation into the allegation. Possible outcome include sanctions being placed on the person against whom a report is made (in accordance with Vice-Chancellor Regulations and the Student Misconduct procedure). A report can only be made to the Student Conduct team where the person accused of perpetrating the sexual harm is a student. (24) Where a student or staff member wants to proceed with a report (which may include a student misconduct allegation) or complaint, Safer Community will liaise with and provide all relevant information to the Student Complaints team and/or the Student Conduct team. (25) A student or staff member may withdraw their report or complaint at any time and may seek the support of Safer Community to do so. (26) A staff member who has experienced sexual harm by another staff member can make a complaint with or without the support of Safer Community . (27) A staff member can make a complaint against another staff member by contacting Diversity, Equity and Inclusion at DVC eeo complaints (eeo@deakin.edu.au). (28) Complaints involving only staff will be dealt with in accordance with the Complaints: Discrimination, Harassment, Victimisation and Vilification (Staff) procedure and the Staff Discipline procedure. (29) Making a complaint may result in an internal or external investigation. Possible outcomes include an apology, training, cessation of engagement, and/or other disciplinary action in accordance with the Staff Discipline procedure. (30) A staff member may withdraw their complaint at any time and may seek the support of Diversity, Equity and Inclusion to do so. (31) If a student, staff member or associate wishes to make a report to Police, or to any other third party, Safer Community will assist them to do so. Safer Community is not able to make a report to Police or to a third party on behalf of the individual. (32) There are circumstances where the University will consider reporting the matter to Police, when a student, staff member or associate does not want to report the matter to the Police themselves. A report to the Police by the University may be made by the University General Counsel following consideration of: (33) Reports or complaints of sexual harm will be responded to impartially, fairly and equitably following the principles of natural justice and in accordance with the relevant University Regulation or Policy. (34) Where any process results in recommendations for University-wide or systemic changes, the Dean of Students and the Executive Director, Diversity, Equity and Inclusion will determine the appropriate actions to implement any recommendations. (35) Safer Community will be provided with a copy of the outcome of a report or complaint for the purpose of ensuring any precautionary measures are reviewed and amended if necessary. (36) Where there are findings in relation to the conduct of a staff member, the matter may be referred to People and Culture for action in accordance with the Staff Discipline procedure. (37) Where there are findings in relation to the conduct of a University associate, the matter may be referred to People and Culture, Office of General Counsel or other appropriate area of the University to assess whether cessation of engagement is appropriate. (38) Any student or staff member who witnesses or knows of an incident of sexual harm should refer the incident to Safer Community . Where there is a need for urgent care or action to protect safety, students, staff members or associates should immediately contact: (39) Safer Community will assess whether appropriate action can be taken without reporting the incident further, and, if so, take action in accordance with clause 17. (40) With the agreement of the affected individual, a third party may initiate a report or complaint. (41) Students and staff must not be victimised as a result of making a report or complaint or being involved in a report or complaints process. Any individual who considers they have been subject to any form of victimisation should contact: (42) De-identified data will be reported every six months, or as required, to the Vice-Chancellor’s Sexual Harm Prevention Advisory Group and other University areas as required to identify trends and systemic issues, contribute to evaluation of prevention programs and aid the University to identify opportunities for improvements, remedies and preventative actions. Access to this information will be in accordance with the University Privacy policy. (43) The University may report information to a third party, such as for the purpose of conducting an investigation in accordance with the Student Complaints Resolution procedure or Staff Complaints Resolution procedure. Where a requirement to make a report to a third party exists and this information is not able to be provided in a de-identified format, the individual will be consulted prior to the report being made and every effort taken to respect privacy and minimise trauma. (44) The University will also provide de-identified data to external agencies or bodies, where required, to ensure compliance with legislated reporting requirements including, but not limited to, those detailed under the Gender Equality Act 2020 (Vic) and the Workplace Gender Equality Act 2012 (Cth). Access to this information will be in accordance with the University’s Privacy policy. (45) If disclosed or reported incidents indicate material breaches in safety or preventative controls, including recurring incidents of sexual assault or sexual harassment Safer Community will notify the Director, Academic Governance and Standards who will determine if it is appropriate to notify Tertiary Education Quality and Standards Agency(TEQSA). If deemed appropriate, a recommendation will be made to the Senior Deputy Vice-Chancellor Academic that TEQSA be notified. (46) For the purpose of this Procedure:Sexual Harm Response Procedure
Section 1 - Preamble
Section 2 - Purpose
Section 3 - Scope
Section 4 - Policy
Section 5 - Procedure
What is Sexual Harm?
Internal and External Support Services
Disclosures for the purpose of seeking advice and support
Precautionary Measures
Report or Complaint Options – incident/s involving students
Report or Complaint Options – Incident/s involving only staff
Reporting to Police
Procedural Fairness and Natural Justice
Potential Actions and Outcomes
Third Party and Bystander Disclosures
Victimisation
Reporting
Section 6 - Definitions
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Safer Community will advise the person who has disclosed the sexual harm of the University’s decision to report the matter to the Police.