Procedure: Sexual Misconduct and Gender Based Violence Response (Student)

Purpose

This procedure provides information about the support, disclosure and reporting options for students who have witnessed, experienced or become aware of information about a sexual assault and/or sexual harassment, including gender-based violence (GBV). It must be read concurrently with the ANU Gender-based Violence Statement and the Prevention of (and response to) Sexual misconduct and gender-based violence policy.

Scope

This procedure applies to all staff, students, and individuals who enter into particular relationships with the University for specified times or purposes, such as members of Council and other University committees, visiting fellows, honorary appointees, and volunteers.

Definitions

Except as otherwise specified in this procedure, the meaning of the terms used in this procedure are the same as per the Prevention of (and response to) sexual misconduct and gender-based violence Policy, and the principles and key concepts of the ANU Gender-based Violence Statement apply.

Procedure

1. In a life threatening or emergency situation, call 000.
2. ANU UniSafe can provide immediate first aid, secure the environment, and provide access for emergency services to campus. ANU UniSafe can be reached by calling (02) 6125 2249 or through the call Security button on the ANUOK app 24 hours a day, 7 days a week.
3. The University provides support for students who have experienced sexual misconduct or GBV regardless of where and when the incident took place. Support is provided by a specialist response case manager through the Student Safety and Wellbeing (SSW) Team who can be contacted by phone on (02) 6125 2211, email to student.wellbeing@anu.edu.au, or by lodging an identified disclosure at Harmful Behaviours Disclosure Response and Support | Australian National University.
4. A list of contact details for out of business hours support services including crisis response are kept updated on the ANU website: Urgent support.

Disclosures

5. When a student experiences, witnesses or becomes aware of information about sexual misconduct, the student is encouraged to disclose it to the University through the Harmful Behaviours Disclosure Response and Support, direct contact with the ANU Student Safety and Wellbeing Team or to an ANU staff member.
6. Information for staff on supporting a disclosure where one has been made to them in accordance with this procedure can be found at Sexual harassment and sexual assault response and support - ANU. Staff are encouraged to contact the Student Safety and Wellbeing team for assistance with student disclosures of sexual misconduct or GBV.
7. Disclosures are treated confidentially. In limited circumstances, where there are mandatory reporting obligations or there is a serious concern for the safety of the discloser or others, the University may be required to share limited parts of the information disclosed. A Student Safety and Wellbeing Case Manager will discuss mandatory reporting obligations with students engaged with the service prior to any reporting being undertaken.
8. If the discloser provides consent to be referred to Student Safety and Wellbeing team (SSW) or contact information is provided in the ANU Harmful behaviours disclosure tool, a SSW Case Manager makes contact within 72 hours of the disclosure being received.
9. The SSW Case Manager works with the discloser to provide information in relation to academic and wellbeing support, safety and precautionary measures, and referrals to ANU and community services as needed. The team will coordinate support which will continue as long as needed by the student, including if the discloser chooses to submit a formal report to the University. A separate SSW Case Manager will be appointed for the respondent and can be appointed to provide support to any other student associated with the disclosure.
10. The SSW Case Manager can also provide information on processes for reporting to the University and/or the Police and support the student through these processes.
11. If the student chooses to make a report to the police, more information can also be accessed on the ACT Policing website. ANU student disciplinary procedures may be suspended if the University is notified of a criminal investigation. The University continues to support the safety and wellbeing of the discloser and respondent during this process.
12. A risk assessment will be completed to identify any immediate precautionary measures required to support the wellbeing and safety of the discloser and the community. These measures may include academic, residential or on campus adjustments or restrictions.

Reports to the University

13. Reports of alleged sexual misconduct or GBV are submitted to the Student Integrity Office (SIO):

1. Online, through the online reporting tool.
2. In-person, by the recording of a verbal statement.
3. By e-mail, to reports@anu.edu.au.
4. In any other case, by phone, to the phone line established from time to time by the Student Integrity Office.

14. In-person reports are scheduled, in the first instance, through any of the other reporting methods
15. SIO will allocate an appropriately qualified case officer to investigate the Report within 72 hours of the report being received.
16. The SIO case officer must attempt to speak with the Complainant before commencing an investigation. In that conversation, the SIO case officer must:

1. Describe the investigative and disciplinary process; and
2. Seek the complainant’s consent to their report proceeding to investigation; and
3. Seek the views of the complainant about how the investigation should be conducted and, should the investigation lead to a discipline inquiry, what outcomes the Complainant prefers in the case that misconduct is found, noting that in some situations the University’s ability to centre these preferences will be limited by the need to take action and ensure ANU community safety

17. If the complainant communicates to the case officer a view about how the investigation should be conducted, the case officer must make reasonable attempts to ensure those views are respected during the investigation.
18. The SIO case officer must document how the complainant’s views were considered.
19. An SIO case officer may do certain things they consider necessary to investigate a report, including (but not limited to):

1. Requiring a staff member of the University to provide evidence relevant to the report.
2. Requesting a person relevant to the report to attend interviews or provide written statements.
3. Accessing University premises and systems to obtain copies of University records relevant to the report, to the extent permitted under applicable laws.
4. Requesting the preservation of relevant information or records relevant to the report.

20. At the conclusion of the investigation, the SIO case officer will refer the report and any other relevant evidentiary material gathered in the investigation to an appropriate authority appointed under the ANU Discipline Rule, who will:

1. Assess the report to determine whether to conduct an inquiry under the Discipline Rule; and
2. Complete a risk assessment to identify any immediate precautionary measures required to support the wellbeing and safety of all involved and the ANU community

21. If an inquiry is conducted into the report, then the procedures in the ANU Discipline Rule are followed. A suitably experienced or trained decision-maker will be appointed under the Discipline Rule.

1. A discloser or respondent is not required to provide physical evidence for a matter to proceed. Internal determinations are made using the civil standard of proof (balance of probabilities) in accordance with procedural fairness.

22. The decision maker in the inquiry applies the principle of balance of probabilities to make a determination in relation to the allegations of sexual misconduct or GBV.
23. Possible outcomes of an inquiry are listed within the ANU Discipline Rule. Where, as a result of an inquiry, a student is found to have engaged in sexual misconduct or GBV, a range of actions can be applied, extending from a reprimand, suspension, or exclusion from assessment or the University.

1. Any view expressed by the Complainant about their preferred outcome in cl 15(c) is a mandatory consideration for the purposes of this clause.

24. Findings and outcomes are recorded on the respondent’s internal student record but are not recorded on the student’s official testamur or academic transcript.
25. Information for reports against an individual of the University community who is not a student (including but not limited to ANU staff, contractors, Visitors and Honorary title holders) can be found in the Student grievance and complaint resolution procedure. Referrals of sexual misconduct or GBV allegations against staff for investigation follow the process outlined the Managing misconduct, serious misconduct, and suspension procedure.
26. ANU will finalise formal reports within 45 business days, including any disciplinary process, and will finalise appeals within 20 business days, unless an extension is required and approved by the Higher Education Principal Executive Officer.

1. ANU will notify the discloser first and then the respondent on the same day when an investigation commences and will provide same‑day written outcome notices.
2. If an appeal is lodged, the discloser will be notified within 2 business days.

Confidentiality requirements

27. The University uses confidentiality requirements for people involved in student discipline inquiries relating to Sexual Misconduct or GBV
28. Generally, confidentiality requirements take the form of a reasonable direction from an officer of the University. This will usually be the presiding officer of the inquiry.
29. Without limiting the people to whom a confidentiality requirement may be given, confidentiality requirements are usually given to:

1. the respondent; and
2. the complainant; and
3. involved witnesses; and
4. staff involved in the discipline inquiry.

30. A confidentiality requirement will be constructed with the goal of protecting the integrity of the discipline inquiry.
31. A confidentiality requirement must be reasonable and proportionate to achieve the goals outlined in this part.
32. A confidentiality requirement must not be constructed to prevent a person from sharing information about their experience of Gender-Based Violence or Sexual Misconduct generally.
33. A confidentiality requirement must not restrict a person from telling a third party about any matter relating to the discipline inquiry for the purposes of seeking:

1. professional well-being and health (including mental health) related support; or
2. advice or academic adjustments from university lecturers, tutors, or other University supports (such as the Dean of Students); or
3. advice from an external complaint handling body. Such as:

• The National Student Ombudsman; or
• The Australian Human Rights Commission; or

3. advice from a qualified legal practitioner; or
4. advice or support from friends or family, so long as those people also agree to the same confidentiality requirement that applies to the person.

34. A confidentiality requirement in relation to a particular discipline inquiry must cease:

1. in the case where misconduct is not found, on the day that the discipline inquiry outcome is delivered to the respondent; or
2. in the case where misconduct is found, 21 working days after the day that the discipline outcome is delivered to the respondent or, if an appeal is lodged, on the day that an appeal outcome is delivered to the respondent.

35. If a confidentiality requirement is inconsistent with the principles set out in this part, the clause is invalid to the extent of that inconsistency.

1. To remove all doubt, if a confidentiality requirement is only partly inconsistent with the principles set out in this part, the parts that are consistent remain enforceable.

36. The University may take additional disciplinary action against respondents who breach a confidentiality requirement.

1. If a respondent tells another student about the discipline inquiry by virtue of cl 31(e), and that person breaches a confidentiality requirement, the University may take disciplinary action against both the person who breached the confidentiality requirement, and the respondent for the breach by that person.

37. The University will generally not take disciplinary action against complainants who breach a confidentiality requirement unless that breach is seriously damaging, harassing, or abusive.

1. Circumstances in which a breach may be considered seriously damaging, harassing or abusive include, but are not limited to if:

• The breach unreasonably hinders another member of the community in the pursuit of their studies or participation in the life of the University; or
• The breach adversely affects the safety and well-being of others; or
• The breach is likely to cause serious reputational harm, and the reputational harm is caused because of a misrepresentation.

Support provided to all parties

38. The University will implement support services and reasonable academic adjustments to support student safety, wellbeing and ability to meet educational outcomes for disclosers, complainants and respondents. These adjustments are not contingent on making a formal report and can be provided following an identified, de‑identified or anonymous disclosure.
39. All parties will be offered support from the University; these include the services of the Dean of Students, ANU Counselling, ANU Student Safety and Wellbeing Team and the ANU Student Association (ANUSA). Students who are residents of an ANU residence can also seek support from their Residential Wellbeing Coordinator or Residential Head.

1. ANU will prepare detailed support plans for disclosures/complainants and respondents.
2. ANU will ensure on a case-by-case basis that separate case managers and support staff are assigned to respondent/s and disclosers/complainants.

40. Academic adjustments will be made based on presentation of documentation prepared by the University’s support services and may include, but are not limited to:

1. extensions, modified assessment or alternative assessment arrangements;
2. timetable changes, class‑group changes or alternative tutorial/lab allocations;
3. adjusted placement, fieldwork or clinical rotation arrangements;
4. remote participation options;
5. adjusted supervisory, teaching, or research‑relationship arrangements (including alternative supervisors); and
6. temporary leave of absence or reduced study load without academic penalty.
7. Academic adjustments will be:
8. Based on the disclosers/complainants or respondents expressed needs and developed in partnership with them;
9. Prioritised urgently when needed or requested;
10. Informed by the risk assessment and any precautionary measures in place; and
11. Documented in a student support plan coordinated by the Student Safety and Wellbeing team.

41. ANU Staff cannot require students to repeat their account of the incident and must accept the documentation and expert advice of the nominated case manager coordinating student supports and academic adjustment requests.

Risk Assessments

42. Risk assessments will be completed by suitably qualified staff members as per the ANU Risk Assessment Register. Should a case arise where ANU does not have the required expertise internally, an external specialist will be engaged.
43. Student Accommodation providers affiliated with the University, in alignment with Residential Occupancy Agreements, will:

1. Complete a risk assessment within 48 hours of receiving a disclosure or formal report, or immediately to ensure the safety of disclosers, staff and other residents.
2. Implement rapid precautionary measures (including room moves, no‑contact directives, and after‑hours escalation), where required.

44. Risk assessments will take into account contributing factors including, but not limited to, static/dynamic factors, coercive control indicators, residence‑specific factors, and technology‐facilitated risks.
45. Risk assessments may identify immediate precautionary measures that must be implemented to protect the safety of any party involved or the ANU community.
46. Precautionary measures may include:

1. Academic adjustments
2. on campus adjustments
3. residential adjustments (including a move to a different residential hall)
4. Academic, on campus or residential restrictions such as separation orders, non-communication orders or restriction on class attendance.

47. Precautionary measures identified as part of this risk assessment are enforceable.
48. Risk Assessments may be reviewed throughout the case where it is ongoing, complex, new information comes to light or a relevant change of circumstance occurs.
49. Lessons from risk assessments will inform ongoing improvements to policy, procedure, training, and support systems.

Treatment of Retaliation or Victimisation

50. Where the University becomes aware that any member of the University community is engaging in activity that presents as retaliation or victimisation of a discloser or complainant, or someone participating in an investigation or support process, as a result a disclosure or report, the behaviour will be treated as misconduct under the Discipline Rule 2021.

1. New or further precautionary measures may be enacted to protect the safety of the discloser or complainant.

Cases Involving ANU Staff

51. Where a student disclosure or formal report involves a staff member as the respondent, the University will ensure safeguards to maintain safety, procedural fairness, academic continuity, and impartiality. Matters between students and staff will be referred to the People & Culture Team under the Managing misconduct, serious misconduct and suspension procedure and managed collaboratively.
52. The University will:

1. Implement precautionary measures following the risk assessment, including separation of the student from the implicated staff member (e.g., supervision changes, class or tutorial changes, laboratory/office access changes).
2. Put in place no‑contact or communication boundaries where appropriate.
3. Ensure any unavoidable interactions are supported (e.g., another staff member present).
4. Assign an alternative supervisor, marker, teacher, or assessor promptly to ensure the student’s academic progress is not disrupted.
5. Implement academic adjustments as needed, including modified deadlines, alternative assessment arrangements, remote participation or changes to research/project teams.
6. Only staff with a legitimate operational need (e.g., course convenor required to implement an academic adjustment) will be informed of the involvement of the implicated staff member.

53. Information shared will be limited to what is necessary to implement safety or academic measures and will not include incident details unless required for safety or mandated by law.

Reporting

54. The Student Safety and Wellbeing Team and Student Integrity Office provide regular data on disclosures and reports received to the Safety and Wellbeing Committee of Council.
55. Reporting of disclosures and formal reports of student sexual misconduct or GBV is released to the public annually and are available at Respect@ANU | Australian National University
56. Personal information is treated in accordance with the ANU Privacy Policy. Where data is used for reporting purposes, it is de-identified and aggregated to maintain privacy and confidentiality.
57. ANU may be required to report externally on these matters to the Department of Education, TEQSA, or other regulatory body.