Procedure: Sexual Misconduct 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. This procedure should be read in conjunction with the Sexual Misconduct Policy.

Scope

This procedure applies to disclosures or reports of sexual misconduct made by students, including Higher Degree by Research students.

Definitions

Except as otherwise specified in this procedure, the meaning of the terms used in this procedure are the same as per the Sexual Misconduct Policy.

Complainant means any person(s) who makes a report to the University about sexual misconduct.

Discloser is a person who makes a disclosure about sexual misconduct they have either experienced, observed or become aware of.

Disclosure is the sharing of information regarding any incident of sexual misconduct with another person or through the ANU disclosure of sexual misconduct form.

Precautionary measures refers to actions that can be taken to improve the safety of a person living with, or at risk of, violence and/or abuse.

Report to the University means a formal complaint to the University about an incident of sexual misconduct for investigation under the Enterprise Agreement (staff) or under the ANU Discipline Rule (students).

Respondent means a person(s) against whom a report to the University is made.

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 regardless of where and when the incident took place. The University provides a specialist response team through the Student Safety and Wellbeing 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 Disclosure of Sexual Misconduct
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 ANU disclosure of sexual misconduct form 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.
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.
8. If the discloser provides consent to be referred to Student Safety and Wellbeing team (SSW) or contact information is provided in the ANU Online 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. This support continues if the discloser chooses to submit a formal report to the University. A separate SSW Case Manager 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. 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 during this process.

Formal Reports to the University

12. Formal reports of alleged sexual misconduct are submitted under the ANU Discipline Rule to reports@anu.edu.au. An appropriate authority appointed under the Discipline Rule, will:

1. Assess the report to determine whether to conduct an inquiry under the Rule; and
2. Assign a case officer to coordinate correspondence.

13. If an inquiry is conducted into the report, then the procedures in the ANU Discipline Rule are followed. 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.
14. 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, a range of actions can be applied, extending from a reprimand, suspension, or exclusion from assessment or the University. 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.
15. 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 allegations against staff for investigation follow the process outlined the Managing misconduct, serious misconduct, and suspension procedure.
16. Student complainants and respondents are all 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.

Review

17. Every 6 months, the SSW Team and the Office of the Registrar reports and provides data to the ANU Audit and Risk Management Committee on the management of student sexual misconduct events.
18. Reporting of disclosures and formal reports of student sexual misconduct is released to the public annually and are available at Sexual violence prevention and response.
19. 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.