1. Governing policy
The Sexual Assault and Sexual Harassment Procedures relate to the Sexual Assault and Sexual Harassment Policy and outline the steps to undertake in the event of an incident of sexual assault or sexual harassment.
These procedures relate to all members of the Institution’s community.
3.1. Who to contact
|Emergency services (police and ambulance)||000|
|Specialist staff (trained on responding to sexual assault and sexual harassment)|
|Student Success Centre Manager (students)*||02 9466 1026
0468 958 554
|Vice President (People and Training) (staff)||02 9466 1195|
|Manager on Duty||0429 994 590|
3.2. Disclosing sexual assault or sexual harassment
3.2.1. A person is encouraged to disclose to the Student Success Centre Manager (students) or the Vice President (People and Training) (staff) who have both been specially trained to respond sensitively to reports of sexual assault and sexual harassment and will provide information and support to the person making the disclosure.
3.2.2. Upon disclosure of an incident, staff members assess and ensure the immediate safety of the person making the disclosure and the other members of the Institution’s community.
3.2.3. If there is an immediate danger to the health, safety or security of any person, the staff member will seek emergency assistance.
3.2.4. If there is no immediate danger, the staff member will promptly:
• respond with compassion, understanding and discretion;
• provide information on and access to support services including counselling and external support services if they would like assistance.
• Provide the Sexual Assault and Sexual Harassment Policy.
• provide information about formal reporting options including within, and external to, the Institution.
• For students, help arrange academic support options.
• For staff, help arrange employment support options.
3.3.1. All disclosures of sexual assault and sexual harassment are treated confidentially. Staff members do not disclose personal information or any other identifying information about the disclosure unless:
• consent has been obtained from the person making the disclosure;
• the conduct disclosed is of a nature that the law imposes an obligation on the Institution to report the information.
3.3.2 The Student Success Centre Manager (students) and the Vice President (People and Training) (staff) maintain a confidential central register and report on the nature and number of sexual assault and sexual harassment disclosures received during a specific reporting period however no personal or identifying information regarding the person making the disclosure, or the alleged offender, is included.
3.4. Formal report and internal investigation
3.4.1. A person may wish to formally report an incident of sexual assault or sexual harassment if the allegation is against a member of the Institution’s community. All formal reports are considered “complaints” and should be made in accordance with the process outlined in the Complaints and Appeals Policy and Complaints and Appeals Procedures (students) or via the grievance procedures outlined in the Employee Handbook (staff).
3.4.2. Student complaints relating to sexual assault and sexual harassment are referred to the Student Success Centre Manager and the Vice President (Student Life) for investigation in accordance with the Complaints and Appeals Policy and Complaints and Appeals Procedures.
3.4.3. Allegations of misconduct against another student are fully investigated and afforded principles of procedural fairness outlined in the General Misconduct Policy and General Misconduct Procedures.
3.4.4. This internal investigation process is not a substitute for a criminal investigation conducted by the police.
3.5. Reporting to the police
3.5.1. A person who is the victim of sexual assault is encouraged to report it to the police. The Institution’s recognises that a person who is the victim of sexual assault may not wish to report it to the police. The Institution respects a person’s decision in this regard and will continue to provide information and support as required.
3.5.2. The Student Success Centre Manager (students) or the Vice President (People and Training) (staff) can provide support and assistance to any person who chooses to report an incident to the police.
3.5.3. Reports to the police can be made in person at a local police station.
3.5.4. If a person decides not to formally report an incident to the police or have the matter investigated, she/he may choose to complete a Sexual Assault Reporting Option (SARO). A SARO questionnaire is not the same as making a formal report to police and will not initiate a criminal investigation. The primary purposes of a SARO is to make a record of what occurred, in addition to allowing the NSW Police Force to gather information on sexual offences and offending. SARO can also be used as a therapeutic tool during counselling programs.
3.5.5. If a report is made to both the Institution and the police, the Institution may suspend any internal investigation pending the outcome of the police investigation. Temporary measures may be put in place against a student, in accordance with the provisions outlined in the General Misconduct Procedures, to protect the wellbeing of any member of the Institution’s community, until the outcome of police investigation has been determined.
3.5.6. The Institution may rely on the outcome of the police investigation in order to determine the outcome of any internal misconduct investigation against a student.
Approved by the Board of Directors on 14 September 2020.