Sexual Harm Response and Prevention Procedure (Students)

1. Purpose

To outline the University’s process for responding to Disclosures and Complaints of Sexual harm where the Respondent is a Swinburne University student; and to ensure compliance with the intent of the Sexual Harm Prevention and Response Policy.

This procedure should be read in conjunction with the Prevention of Sexual Harm and Response Policy and where the Respondent is a Staff Member and Relevant Persons, contractor or third-party provider, the Prevention of Sexual Harm and Response Procedure (Staff) will apply.

2. Scope

This Procedure applies to all students engaged in any activity related to the University, whether on-campus, off-campus, or within digital environments.

It covers all University locations, including offshore partner sites, and incidents involving:

Any form of Sexual harm, including Sexual assault, Sexual harassment, image-based abuse, and inappropriate behaviour that occurs within the University context.
University-related digital platforms, social media, and other online engagements.

Where the Respondent is a student, the University will apply this Procedure.

3. Definitions

The following key terms are used throughout this procedure:

Term	Definition (these differ slightly from the policy page - should they be consistent?)
Complaint	Refers to a formal report of an incident/s of sexual harm for the purpose of initiating an investigation.
Complainant	A person who has made a Complaint under the Sexual Harm Prevention and Response Policy.
Consent	Consent is the voluntary and explicit agreement to engage in a specific activity, including 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, such as a trusted friend, university Staff Member and Relevant Persons, or support service. A disclosure is not the same as a formal report, and the person disclosing may not wish to pursue further action at that time.
Investigator	An investigator is an appointed internal or external person with appropriate qualifications who is independent and carries out a formal investigation and makes findings based on the information available and the evidence gathered.
Procedural fairness	Procedural fairness, also known as natural justice, 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. It guarantees a transparent and fair process, upholding the rights of all individuals involved.
Report	A report is 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 refers to a person who has been accused of engaging in behaviour or actions that constitute a violation of this procedure but has not yet been found responsible.
Sexual assault	Sexual assault involves when 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 involves when 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.
University-related activity	Any activity that is connected to Swinburne University of Technology, including those 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	The 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. Principles

Any person who has experienced incident/s of Sexual harm is encouraged to make a Disclosure or Complaint to the University, the police or other relevant agency.

All Disclosures and Complaints will be treated confidentially and with respect and responded to in a trauma-informed and timely manner in line with the University’s Sexual Harm Prevention and Response Policy.

Individuals who disclose or report Sexual harm, as well as those participating in investigations, are protected from retaliation or any adverse consequences.

5. Making a disclosure of sexual harm

Any person who has experienced, witnessed or become aware of an incident/s of Sexual harm involving a member of the University community can make a Disclosure to Safer Community by emailing safercommunity@swinburne.edu.au or submitting an online report.

Individuals in immediate danger or requiring urgent medical assistance should contact Emergency Services on 000 and/or Campus Security (available 24/7) on +61 3 9214 3333 (all campuses) for on-campus support and coordination with Emergency Services.

Individuals requiring specialist crisis counselling support should contact the:

National Sexual Assault and Domestic Violence Service (available 24/7): Call 1800 737 732.
Victorian Sexual Assault Crisis Line (available after-hours): Call 1800 806 292
Eastern Centre Against Sexual Assault (ECASA; available during business hours and 24/7 for recent incidents): Call +61 3 9870 7310 or email ecasa@easternhealth.org.au.
Men’s Referral Service (available 24/7): Advice for men who use violence. Call 1300 766 491.

Disclosures can be made to any trusted member of the University community, such as a peer, teacher or support service staff who will listen and guide impacted persons to appropriate services.

When a Disclosure is made to a member of the University community, the role of person receiving the Disclosure is to:

ensure immediate safety, including contacting Emergency Services and Campus Security if needed.
listen, remain impartial and supportive.
provide information around support options within and external to the University.
notify Safer Community of the Disclosure.

Anonymous Disclosures can be submitted to the University via Safer Community’s online reporting form. This information will be recorded and be used to inform prevention efforts; however, the University may have limited ability to take specific actions due to insufficient information and constraints of procedural fairness.

Any Staff Member and Relevant Persons who has witnessed or become aware of an incident/s of Sexual harm in relation to a member of the University community is required to disclose the incident to Safer Community. The name of the person who experienced Sexual harm is not required to be disclosed, except when the concerns involve someone who is under the age of 18.

Where a Disclosure is made to Safer Community’s, they will determine whether the Disclosure falls within the scope of this procedure and will:

review the information provided in the Disclosure and contact the person making the Disclosure as soon as possible but not more than one (1) working day of the Disclosure being received
provide information in relation to supportive measures such as wellbeing or academic support, and coordinate referrals to support services as needed
undertake a preliminary assessment and outline options available to the person to help them determine the next steps they wish to take, including making a Complaint to the University or report to the police or external agency.

When a person who has experienced Sexual harm makes a Disclosure to the University, they may choose one or more of the following options:

request no further action
request the University to consider appropriate interim safety or other measures
request referrals to internal and external support services
progress with making a Complaint for the University to investigate in line with the University’s complaints and feedback processes: Complaints Management Guidelines
make a report to the Police or another external agency, including with the support of Safer Community where required.

The University recognises and respects the wishes of the person who has experienced Sexual harm, including the decision for no further action and/or to not progress with a Complaint for the University to investigate or to report the matter to police who have formal investigative powers. The University will continue to provide the person who has experienced Sexual harm with information and support, however in all instances the University has a responsibility to act with available appropriate measures if:

there is a serious safety risk to the person who has experienced sexual harm, the University Community and/or wider community.
the Disclosure involves someone who is under the age of 18.

A person may disclose an incident/s of Sexual harm to the University and then decide to make a Complaint later. There is no time limit on converting a Disclosure to a Complaint and a person may choose to do so at any time. Former students may make a historical Disclosure to the University. Where possible, historical Disclosures will be considered and assessed in the context of this Procedure.

6. Interim measures

The University will implement interim measures available to it where appropriate, to reduce the potential for harm to any member of the University community. Interim measures do not signal the outcome of any University process.

Interim measures are temporary actions that are reasonably available to the University in response to a disclosure or Complaint of Sexual harm, pending resolution of any required investigation or actions. The University will ensure procedural fairness, prioritise safety and take available actions to ensure continued engagement, support services and facilitating minimal impact to the person’s learning experience as appropriate.

Interim measures may include one or more of the following, noting that the measure available to the University will depend on the extent of available investigation by the University and/or third parties such as the police:

prohibiting a student from approaching, contacting or communicating with another person.
restricted access to a particular course, classes or modes of study or facilitating completion of units/courses online (where possible).
restricted access to specified buildings or facilities, including University-owned student accommodation.
any other ongoing or temporary restrictions or requirements the University deems necessary set out in the Student General Misconduct Regulation 2012.

Interim measures will be outlined in writing to relevant parties and sent via email.

A student who is subject to interim measures has the right to request a review of interim measures by providing information in writing to Safer Community about why the interim measures should be varied.

7. Investigations

Where it is agreed that a Complaint of sexual harm will be investigated by the University, the investigation will be initiated in a reasonable timeframe and adhere to the principles of procedural fairness.

When the respondent is a Swinburne student, a member of the Safer Community team will be appointed to act as a primary point of contact and lead the investigation. This may involve speaking with complainants, respondents, and witnesses and requesting further information from internal and external agencies where possible.

Where the respondent is a Staff Member and Relevant Persons, contractor or a third-party provider, the University will appoint a lead investigator as outlined in the Sexual Harm Response Procedure (Staff). Safer Community may continue to provide support to the Complainant if they are a Swinburne student, including access to services and information regarding University processes.

An external investigator may be appointed to lead further investigation if the reported concerns are of a serious and/or complex nature and cannot be managed within the University.

The Complainant and Respondent are encouraged to bring a personal support person or advocate to meetings with Safer Community. Students can access the Independent Advocacy service through the Swinburne Student Association.

Only with prior agreement of the Complainant or the Respondent, Safer Community may invite a Staff Member and Relevant Persons from a relevant internal support service (e.g., Accessibility, International Student Advisory and Support) to attend scheduled meetings to provide support and information.

A person who has experienced Sexual harm has the right to withdraw a Disclosure or Complaint at any stage of the process. However, the University may continue to act on a Disclosure or Complaint to the extent permitted by legislation, regulations and policy, if it is necessary to ensure safety and/or to fulfill legal obligations.

If the investigation reveals, based on fact or the balance of probabilities, that misconduct may have occurred under the Student General Misconduct Regulations 2012, the investigator will present findings to an Authorised Officer to determine an appropriate outcome.

After an investigation is completed and an outcome decided, the University remains committed to supporting all affected individuals through providing one or more of the following: ongoing counselling, specialist referrals, safety planning, and academic or workplace adjustments.

A person may choose to report to the Police or another external authority at any time.

8. Investigation outcomes

If the investigation does not reveal that misconduct has likely to have occurred, then the Authorised Officer will determine an appropriate outcome and may consult with Safer Community, noting that Safer Community cannot override the decision of the Authorised Officer. The Authorised Officer will communicate the results of the investigation to the Complainant and Respondent, and may include one or more of the following:

a summary of investigation findings
an explanation of behavioural expectations as prescribed in the Swinburne Student Charter
information regarding internal and external support and Complaint options
an action plan to support the complainant and respondent and manage ongoing risks.

Breaches to an agreed action plan may result in misconduct proceedings being initiated.

Sanctions for students who have been found to have breached the University’s Sexual Harm Prevention and Response Policy and the Student General Misconduct Regulations 2012 will take into consideration the need to balance punitive outcomes with developmental, educational, and restorative outcomes.

If a student has breached the University’s Sexual Harm Prevention and Response Policy and the Student General Misconduct Regulations 2012, the Authorised Officer will determine the most appropriate sanction, which may include one or more of the following:

a formal warning
a reprimand and/or caution
recommended or compulsory completion of a relevant training program and/or completion of written reflection; followed by a reflective meeting with Safer Community or relevant support service
recommended or compulsory engagement with a professional service such as counselling.
enrolment restrictions and conditions
prohibition for a fixed period from entering the University grounds or a specified part of the University grounds
exclusion from the University
a determination that a more serious penalty is appropriate, leading to the establishment of snap Behavioural Risk Assessment and Management (BRAM) group to consider the investigation report and provide advice to the Authorised Officer to facilitate their decision making.

The snap BRAM group will consist of

Deputy Vice-Chancellor (Education, Experience and Employability)
Manager, Safer Community
Director, Facilities
Manager, Counselling
Director, Integrity and Compliance
Director, Student Administration.

The University may invite additional relevant staff to attend the group to provide specialist advice regarding the matter.

The Snap BRAM may recommend options for the Authorised Officer’s consideration to facilitate their decision making including (but not limited to);

cancellation or suspension of a student’s enrolment for a specified period, up to a maximum of three years
exclusion from the University
appropriate penalties specified in the University Regulations, The proposed outcome and/or penalty will be suggested to the Authorising Officer for consideration.

The Respondent will be advised in writing if the Authorised Officer is seeking to suspend the student for more than two weeks or exclude the student from the University. The Respondent will be given reasonable opportunity to provide a written submission to the Authorised Officer to consider.

The use of specialists and or the BRAM group shall not interfere, override or in any way impede an Authorised Officer’s investigation.

For formal notices and sanctions issued by the University, an Authorised Officer will notify the Respondent of the outcome in writing on behalf of the Authorised Officer following the resolution of the Complaint.

An Authorised Officer will notify the Complainant in writing of the outcome following resolution of the Complaint, providing sufficient detail to confirm any actions taken, while balancing the need to protect the Respondent's confidentiality.

A student who fails to comply with a sanction imposed by an Authorised Officer is guilty of general misconduct which may result in further sanctions.

9. Review and appeal

Under the Reviews and Appeals Regulations 2012 a student is entitled to apply for a review of a decision made by the University. Students who wish to lodge an application for review must do so within 21 working days of the date of the notification. An Advocacy Officer at Swinburne Student Life can assist students with their submission.

Where the Complainant or Respondent is dissatisfied with the management of a Disclosure or Complaint they can access the University’s formal Complaints process.

Where the Complainant or Respondent remains dissatisfied, they can make an external Complaint with the Student Ombudsman.

10. Reporting to Police and/or external agencies

Complainants may report incidents of sexual harm to external authorities, including the Police. The University may support any individual who chooses this path and will cooperate with external agencies in their investigations.

The University will only report instance/s of Sexual harm to the Police with the consent of the Complainant, except where the University has a duty of care or is legally required to do so (i.e. incidents involving individuals under the age of 18). In these cases, the University will inform the Complainant of these requirements and provide support throughout the process.

If a report is made to both the University and the Police or another external agency, the University may be required to suspend its internal investigation until the external process is concluded. The University will continue to provide support to all parties during this period.