• 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

Section 1 - Preamble

(1) This Procedure is effective from 20 December 2024.

Section 2 - Purpose

(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.

Section 3 - Scope

(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.

Section 4 - Policy 

(8) This Procedure is pursuant to the Sexual Harm Prevention and Response Policy.

Section 5 - Procedure

What is Sexual Harm?

(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.

Internal and External Support Services – Deakin International Branch Campus (IBC), GIFT City, India

(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:

1. Police and emergency services - Emergency Response Support System (ERSS); call 112
2. DevX Security (24 hours); call +91 91570 08407 or use the SafeZone app.

(11) Students, staff or associates who have experienced sexual harm can also obtain specialist support and advice from the following services:

1. 181 – ABHAYAM Women’s Helpline (24 hours): Call 181, or download the 181 app on any device
2. Sakhi One Stop Centres: provide immediate shelter and integrated services and support to women victims of violence; call +91 79 232 57942 or email ps2sec1-wcd@gujarat.gov.in

(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.

Disclosures for the purpose of seeking advice and support

(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:

1.  GIFT City health and wellbeing services
2. Harassment and Discrimination Contact Officers
3. any member of staff that they feel comfortable speaking with.

(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.

Precautionary Measures

(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.

Report or Complaint Options – Incidents that fall under the POSH Act/Rules

(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:

1. Presiding officer who shall be a woman employed at a senior level at Deakin. This will be the Executive Director Diversity, Equity and Inclusion (DEI) or female delegate
2. Not less than two Members from amongst employees preferably committed to the cause of woman/or who have had experience in social work or have legal knowledge. Members will be drawn from GIFT City IBC staff, DEI Divisional staff and People Partnering and Solutions staff in the first instance.
3. One member from non-governmental organisation/associations committed to the cause of women or a person familiar with the issues relating to sexual harassment;
4. One half of the total members nominated must be women.
5. Members of ICC shall hold office for a period, not exceeding 3 years, from the date of nomination.
6. A list of members will be available on Deakin’s website and on campus.

(24) Any woman, who has experienced sexual harassment as defined under the POSH Act/Rules:

1. Complaints can be reported to the ICC by contacting Diversity, Equity and Inclusion (DEI) at eeo@deakin.edu.au and/or by filling out the Raising a complaint or concern online form.
2. Where a complaint cannot be made in writing DEI, as a delegate of the ICC, shall render all reasonable assistance to the woman to ensure a complaint can be made in writing. If the most recent incident related to a complaint occurred more than three months ago, the ICC may grant an extension in writing, if satisfied there are circumstances which prevented the complainant from filing a complaint within this period.
3. Where a formal investigation under the POSH Act/Rules is required, the ICC will conduct the investigation in accordance with the POSH Act/Rules and produce a report on their findings to Deakin via the Executive Director of Diversity, Equity and Inclusion.
4. Where there are findings in relation to the conduct of a staff member, the matter may be referred to People and Culture for disciplinary action in accordance with staff disciplinary procedure for staff primarily in the GIFT City campus.
5. 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.
6. The ICC, in consultation with the Deakin Safer Community Team, may implement interim measures in accordance with the POSH Act/Rules.
7. With the agreement of the affected individual, a third party may initiate a report or complaint.

Report or Complaint Options – Incidents that do not fall 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.

Training and Capacity Building

(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.

Reporting to Police

(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. 

Procedural Fairness and Natural Justice

(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.

Potential Actions and Outcomes

(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):

1. Censure;
2. Warning;
3. Fine;
4. Loss of pay;
5. Loss of seniority;
6. Termination of employment with or without notice or compensation in lieu of notice;
7. Counselling or carrying out community service;
8. Appropriate legal proceedings; and/or
9. Written apology.

(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.

Victimisation

(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:

1. For students – Student Complaints team
2. For staff – Diversity, Equity and Inclusion at DVC eeo complaints (eeo@deakin.edu.au).

Reporting

(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:

1. number of complaints of sexual harassment received in the year
2. number of complaints disposed of during the year
3. number of cases pending for more than ninety days
4. number of workshops or awareness programme against sexual harassment carried out
5. nature of action taken by the employer or District Officer.

(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.

Section 6 - Definitions

(42) For the purpose of this Procedure:

1. Associate: as defined in the Sexual Harm Prevention and Response Policy.
2. Behaviour of a sexual nature: as defined in the Sexual Harm Prevention and Response Policy.
3. Child: as defined in the Sexual Harm Prevention and Response Policy.
4. Consent: as defined in the Sexual Harm Prevention and Response Policy.
5. Disclosure A disclosure involves sharing of information about an incident for the purpose of receiving support and advice. Anyone making a disclosure is not obliged or required to make a report (which may include a student misconduct allegation) or complaint.
6. Precautionary measures: as defined in the Sexual Harm Prevention and Response Policy.
7. Rape: as defined in the Sexual Harm Prevention and Response Policy.
8. Report or complaint: as defined in the Sexual Harm Prevention and Response Policy.
9. Sexual Assault: as defined in the Sexual Harm Prevention and Response Policy.
10. Sexual Harassment: as defined in the Sexual Harm Prevention and Response Policy.
11. Sexual Harassment as defined under the POSH Act/Rules:  unwelcome sexually tinted behaviour, whether directly or by implication, such as:
    1. physical contact and advances
    2. demand or request for sexual favours
    3. making sexually coloured remarks
    4. showing pornography
    5. any other unwelcome physical, verbal or non-verbal conduct of a sexual nature
    6. the following circumstances, among other circumstances, if it occurs, or is present in relation to or connected with any act or behaviour of sexual harassment may amount to sexual harassment:
       1. implied or explicit promise of preferential treatment in her employment
       2. implied or explicit threat of detrimental treatment in her employment
       3. implied or explicit threat about her present or future employment status
       4. interference with her work or creating an intimidating or offensive or hostile work environment for her
       5. humiliating treatment likely to affect her health or safety
12. Sexual Harm: as defined in the Sexual Harm Prevention and Response Policy.