Prevention of Sexual Harm and Response Policy
1. Summary
Swinburne University of Technology (University) is committed to fostering a safe, respectful, and inclusive environment for all members of its community.
This policy outlines the University’s commitment to the prevention of workplace sexual harm.
2. Objectives
This policy aims to prevent sexual harm throughout the University in all its physical and online domains.
3. Definitions
The following key terms are used throughout this policy:
| Term | Definition |
|---|---|
| Complainant | A person who has made a complaint under this policy. |
| Complaint | Refers to a formal report of an incident/s of Sexual harm for the purpose of initiating an investigation. |
| Consent | Consent is the voluntary and explicit agreement to engage in a specific sexual activity. It must be freely given and informed and can be reversible at any point during the interaction. Consent cannot be obtained through coercion, manipulation, or if a person is incapacitated due to alcohol, drugs, or other factors that impair their ability to make an informed decision. |
| Disclosure | Disclosure occurs when an individual shares their experience of Sexual harm with another person at the University for the purpose of seeking support, advice and/or resources. A disclosure is not the same as a formal complaint or report, and the person disclosing may not wish to pursue further action at that time. |
| Gender-based violence | Gender-based violence describes violence that is rooted in gender-based power, inequality and discrimination. It causes or can cause physical, sexual, psychological or financial harm. People of all genders can experience gender-based violence. |
| Prevention | Prevention describes proactive efforts aimed at stopping Sexual harm before it occurs. It includes primary prevention (targeting the underlying drivers of Sexual harm), secondary prevention (early intervention to address risks), and tertiary prevention (responding to incidents to provide support and recovery for those affected by Sexual harm). |
| Procedural fairness | Procedural fairness may also be known as natural justice. Procedural fairness ensures that all parties involved in an investigation are treated justly and without bias, with the right to be heard, to know the case against them and to have decisions made by impartial decision-makers. |
| Report | Report refers to a formal notification to the University or an external authority regarding an incident of Sexual harm where there is an expectation for a formal response including but not limited to an investigation, disciplinary action, or legal proceedings. |
| Respondent | A respondent is a person who has been accused of engaging in behaviour or actions that constitutes a violation of this policy but has not yet been found responsible. |
| Sexual assault | Sexual assault describes a circumstance in which a person is forced, coerced or tricked into sexual acts against their will or without their consent, including when they have withdrawn their consent, or they are unable to give consent. It includes behaviours such as unwanted touching, public exposure and rape. A full definition can be found in the Crimes Act 1958 (Vic), s40. |
| Sexual harassment | Sexual harassment describes a circumstance in which a person makes an unwelcome sexual advance, or an unwelcome request for sexual favours, and/or engages in any other unwelcome conduct of a sexual nature to another person. It includes behaviours such as intrusive questions about a person’s private life, and offensive sexual comments or jokes. A full definition can be found in the Sex Discrimination Act 1984 (Cth), s28A. |
| Sexual harm | Sexual harm is a non-legal, all-encompassing term that refers to any unwanted, non-consensual behaviour of a sexual nature, whether in-person or online. It includes harmful behaviours such as sexual harassment, sexual assault, rape and image-based abuse. |
| Staff Member and Relevant Persons | Include persons employed by the University under its Enterprise Agreement (staff) and or persons who are contracted to provide goods or services to the University including third party providers and industry partners. |
| Student | A student is a person enrolled at the University. |
| Trauma-informed support | Trauma-informed support is a strengths-based framework that recognises the impacts of trauma on complainants. It focuses on creating physically and psychologically safe environments, trustworthiness, choice, collaboration, empowerment and avoids re-traumatising complainants who have disclosed or reported their experiences. |
| University-related activity | University-related activity includes any activity that is connected to Swinburne University of Technology, including activity occurring on University-owned or controlled property, off-campus events sponsored or organised by the University (such as study tours, placements, or conferences), and interactions in online or digital spaces affiliated with the University. |
| Workplace | Includes any physical or virtual environment where University-related work occurs. This encompasses on-campus offices, remote work locations, and digital platforms used for work purposes. |
4. Scope
This Policy applies to all members of the University community, including staff, students, third-party providers, contractors, and visitors. Its application extends to all University locations, including offshore partners, when engaged in University-related activities (especially and including employment), attending facilities or events controlled by the University, and/or when engaging with University staff and students.
These include but are not limited to:
- On-campus activities: All activities occurring on University-owned or controlled premises, including but not limited to student accommodation, educational facilities, sporting and recreational facilities, and University-managed buildings.
- Off-campus activities that are University-related: All University-related activities that are University related but occur on sites other than the University’s campuses.
- Online and digital spaces that are University-related: All University-affiliated digital platforms, including online learning platforms, collaboration platforms, University-related social media, and/or other digital communication technologies.
Any person can seek advice and/or support from the University around Sexual harm that is connected to the University.
This Policy does not apply to incidents involving workplace participants under the age of 18. In such cases, the matter will be addressed in accordance with the University’ child safety and wellbeing framework.
This Policy is to be read in conjunction with staff and student procedure documents; Prevention of Sexual harm and Response Procedure and the Prevention of Sexual harm and Response Procedure (Student).
5. Policy
Sexual harm is unacceptable, may be unlawful, and will not be tolerated by the University.
The University is committed to providing a safe, respectful, inclusive working and learning environment and culture that is free from all forms of Sexual harm.
The University will ensure options for reporting incidents of Sexual harm are accessible and transparent, to the greatest extent possible.
The University will respond to disclosures and complaints relating to Sexual harm in a trauma-informed way and in a manner consistent with the principles of procedural fairness.
The University acknowledges that any person who experiences Sexual harm has the right to report the incident(s) to the police or an external agency. The University’s investigation process is complementary to, but not a substitute for, a police investigation.
In circumstances where the alleged perpetrator of Sexual harm is not a member of the University community, or in the case of historical incidents, the University is committed to providing support to the person who experienced the harm. However, the University may be limited in its ability to investigate or impose sanctions on the perpetrator.
The University acknowledges that experiences of Sexual harm are often influenced by intersecting factors such as gender, race, sexuality, disability, and socio-economic status. The University committed to an intersectional approach that recognises these diverse identities and the unique challenges they pose in both the prevention of and response to Sexual harm. This approach aims to ensure that all individuals, regardless of their backgrounds, are provided with equitable support and resources.
The University will devise prevention and response frameworks complementary to its commitments to comprehensive support and accountability for the prevention of and response to Sexual harm.
The University is committed to continuous education and training of its staff and students. Consistent with its duties, the University is committed to the continuous improvement of its knowledge, awareness and capability about the prevention of and response to Sexual harm.
The University will regularly review and refine prevention and response approaches based on de-identified data trends, community feedback, and best practice guidelines.
6. Roles and responsibilities
| Role | Responsibilities |
|---|---|
| Students and employees | All University community members are responsible for upholding the principles of this Policy and contributing to a safe, inclusive and respectful environment. |
| Safer Community | Safer Community is the primary point of contact for all reports of Sexual harm by students and is responsible for coordinating the University’s response, including assessing and managing risk relating to student conduct and ensuring that relevant support services and resources are made available. |
| People & Culture | People and Culture is accountable for the oversight of processes undertaken by the University in respect of workplace incidents and/or complaints to which this Policy is relevant and/or applicable. |
| People leaders | People leaders are accountable for the safety, inclusivity and respectfulness of the workplaces for which they have responsibility. People leaders may be the first point of contact for complainants. |
| Coordination with Law Enforcement and Legal Considerations | The University recognises that conducting an internal investigation into allegations of Sexual harm may intersect with ongoing police investigations. To avoid prejudicing any such external investigations, the University will take appropriate steps to coordinate with law enforcement when necessary. Additionally, the University will ensure that internal processes respect the legal principle of the presumption of innocence and an individual’s right to a fair trial. Furthermore, should an internal investigation result in adverse findings against an individual who is subsequently acquitted in a criminal trial, the University will review its procedures to mitigate potential legal consequences. |
Delegations
This policy includes, where indicated at section 6: Roles and responsibilities, delegation of power by the Vice-Chancellor under section 26(7) of the Swinburne University of Technology Act 2010.
| Version | Date | Approver | Contact |
|---|---|---|---|
| V 1.0 | 15 October 2024 | Vice Chancellor | Director Health Safety & Wellbeing or Director Integrity and Compliance |
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