(1) This Procedure is effective from 20 December 2024. (2) This Procedure outlines the way in which the University will support and respond to students, staff and associates who disclose sexual harassment as defined under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Rules, 2013 (India) (collectively, the POSH Act/Rules), or the Sexual Harm Prevention and Response Policy. (3) This Procedure seeks to educate all Deakin students, staff and associates on what conduct constitutes sexual harassment as defined under the POSH Act/Rules, the ways and means to prevent the occurrence of such conduct, the penal consequences of sexual harassment against women in India, and the redressal mechanism in the event of an occurrence of sexual harassment. (4) This Procedure applies to all students, staff and associates who make a disclosure or report of sexual harassment under the POSH Act/Rules. A disclosure or report of sexual harm involving students, staff or associates made outside of the remit of the POSH Act/Rules will be responded to in accordance with the Sexual Harm Response Procedure. (5) Complaints mechanisms under the POSH Act/Rules do not apply to male or non-binary complainants. The University acknowledges that sexual harassment as defined under the POSH Act/Rules is experienced by people of all genders and sexual orientation and will provide support in line with the Sexual Harm Prevention and Response Policy and Sexual Harm Response Procedure, and investigate reports in line with complaint and disciplinary procedures for Australia-based students, staff and associates. (6) 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. (7) 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. (8) This Procedure is pursuant to the Sexual Harm Prevention and Response Policy. (9) The University defines sexual harm as sexual assault (including rape), any other behaviour of a sexual nature which is a crime in Australia or India, sexual harassment, and any behaviour of a sexual nature that may constitute student or staff misconduct. Examples of behaviours and actions that constitute sexual harm and sexual harassment are in section 6 of this Procedure. (10) 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: (11) Students, staff or associates who have experienced sexual harm can also obtain specialist support and advice from the following services: (12) 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 is available from 9am to 4pm AEST Monday to Friday and can be contacted on +613 9244 3734 or at safercommunity@deakin.edu.au. Safer Community is not a crisis response service. (13) 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. (14) Where possible, Safer Community will guide and coordinate the University’s support for a student, staff or associate who has experienced sexual harm. Support will be dependent on the availability of in-country and IBC services. (15) Students, staff or associates who have experienced sexual harm may choose to seek advice and support from Safer Community and/or from any other relevant person or service within Deakin, including but not limited to: (16) Where sexual harm is disclosed to a Deakin IBC staff member or associate, the staff member/associate must respond in accordance with training and other resources provided by the University. (17) Deakin IBC staff or associates who receive a disclosure should support the impacted person to contact 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 identity of the person making the disclosure if that person does not wish their identify to be shared. In the event the impacted person does not wish to be referred to Safer Community, the person to whom the disclosure was made must still contact Safer Community as soon as practicable but may withhold the identity of the impacted person. (18) 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. (19) 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. (20) In highly complex or contentious circumstances, Safer Community will advise the Critical Incident Management Team, who will determine whether precautionary measures are reasonable and should be implemented. (21) Complaints relating to sexual harassment as defined under the POSH Act/Rules made by any woman against a member of staff occurring at GIFT City campus or during the course of their employment, will be managed as follows. (22) To manage complaints the University will establish an Internal Complaints Committee (ICC) in accordance with the POSH Act/Rules. (23) The ICC will consist of: (24) Any woman, who has experienced sexual harassment as defined under the POSH Act/Rules: (25) Where a report or complaint does not fall under the POSH Act/Rules the University will investigate in line with complaint and disciplinary procedures for Australia-based students, staff and associates. (26) Deakin will conduct training sessions for members of the ICC including capacity building and skill building programs. Deakin will also spread awareness by organising workshops and awareness programs for staff members. Training will be reviewed annually to ensure it meets legislative and organisational requirements. (27) If a student, staff member or associate wishes to make a report to Police in India or file a complaint under the Indian Penal Code 1860 or any other law, Safer Community will assist them to do so as far as reasonably practicable. Safer Community is not able to make a report to Police on behalf of a student, staff member or associate. (28) Reports or complaints of sexual harm will be responded to impartially, fairly and equitably following the principles of natural justice and in accordance with relevant University Regulation or Policy. (29) Where any process results in recommendations for University-wide or systemic changes, the Dean of Students, Executive Director, Diversity, Equity and Inclusion, and GIFT City Head of Operations will determine the appropriate actions to implement any recommendations. (30) Penal consequences for sexual harassment can be found at Deakin’s Gift City Campus website and on campus. (31) If any Deakin Personnel is found to be guilty of sexual harassment by the ICC or of any of the actions set out in this Procedure, the University shall impose or cause to be imposed, one or more of the following penalties against such Deakin Personnel (where the ICC should record its reasons in writing): (32) In addition to the above, the ICC may deduct a sum from the salary or wage of the respondent (if the respondent is found guilty) of such amount as it may consider appropriate for payment to the Complainant or to the Complainant’s legal heirs. (33) If the ICC arrives at a conclusion that the allegation of sexual harassment against the respondent has not been proved, then it may recommend to the University that no action be taken in the matter. (34) A person may appeal to a relevant court or tribunal. (35) Students, staff and associates 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: (36) 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. (37) 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 Complaints: Discrimination, Harassment, Victimisation and Vilification (Staff) 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. (38) In accordance with the POSH Act/Rules, the ICC shall in each calendar year prepare, in such form and at such time as may be prescribed, an annual report and submit the same to the employer and the District Officer. The annual report shall include: (39) The District Officer shall forward a brief report on the annual reports received to the State Government, in accordance with clause 21(2) of the POSH Act. (40) The University may 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. (41) 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. (42) For the purpose of this Procedure:Sexual Harassment Response Procedure - GIFT City, India
Section 1 - Preamble
Section 2 - Purpose
Section 3 - Scope
Section 4 - Policy
Section 5 - Procedure
What is Sexual Harm?
Internal and External Support Services – Deakin International Branch Campus (IBC), GIFT City, India
Disclosures for the purpose of seeking advice and support
Precautionary Measures
Report or Complaint Options – Incidents that fall under the POSH Act/Rules
Report or Complaint Options – Incidents that do not fall under the POSH Act/Rules
Training and Capacity Building
Reporting to Police
Procedural Fairness and Natural Justice
Potential Actions and Outcomes
Victimisation
Reporting
Section 6 - Definitions
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