1. The purpose of our policy
Our Gender-based Violence and Sexual Harm Policy outlines Adelaide University’s commitment to raising awareness about and preventing and responding to Gender-based Violence and Sexual Harm committed by or against members of the Adelaide University community.
Along with the related procedure, it establishes a Person-centred and Trauma-informed framework to guide Adelaide University’s response to Disclosures and Formal Reports of Gender-based Violence and Sexual Harm in alignment with the National Higher Education Code to Prevent and Respond to Gender-based Violence (the Code).
This policy provides authority to maintain the Gender-based Violence and Sexual Harm Response Procedure.
2. Who our policy applies to
Our policy applies to all members of the Adelaide University community, including Adelaide University Leadership and Affiliated Organisations.
It covers:
- activities related to, or undertaken on, property owned or leased by Adelaide University
- any activities related to Students, or undertaken by Students, at Student Accommodation, whether connected to a Student’s study or not
- any activities related to or undertaken in connection with a person’s employment at Adelaide University, including Students who are employed as Staff
- any activities related to privately owned facilities, such as offshore partner universities or organisations, that affect or could affect another person’s ability to pursue studies, research, work or other activities in relation to Adelaide University
- any conduct or activities in connection with a person’s study or employment at Adelaide University (on-campus, off-campus, offshore or online) that have, or are likely to have, an effect on Adelaide University or any member of the Adelaide University community
- study-related activities, including all categories of Work Integrated Learning (WIL), Exchange and study abroad, study tours and examinations
- representing Adelaide University, for example, in promotional activities, competitions or sport, conferences and volunteering activities
- the use of Adelaide University facilities and systems, Information Technology (IT) resources or other equipment covered by Adelaide University policies and procedures
- activities or events organised by Adelaide University student associations, sports clubs or their affiliated organisations.
Where a Disclosure or a Formal Report of Gender-based Violence or Sexual Harm is outside of the scope of this policy, the University will provide referrals to support services.
Where a Formal Report concerns the conduct of a staff member or student but relates to circumstances outside the scope of this policy, the University will ensure support is offered to the reporter and will assess and take action in accordance with the Code.
Reports of Sexual Harm involving children will be handled in accordance with the Children and Young People (Safety) Act (SA) and the University’s [Safety of Children and Vulnerable People Policy]. Any member of the Adelaide University community who has a reasonable suspicion that a child is being abused should call the Department for Child Protection’s Child Abuse Report Line (CARL) on 131 478.
Disclosures and Formal Reports regarding incidents of Gender-based Violence and Sexual Harm that occurred at either of the foundation universities, and which were not previously raised with the relevant foundation university, will be accepted and managed by Adelaide University in accordance with this policy and the associated procedure.
3. Our Gender-based Violence and Sexual Harm policy principles
3.1 Gender-based Violence and Sexual Harm are unacceptable
All forms of Gender-based Violence and Sexual Harm are unacceptable and inconsistent with the values of Adelaide University.
The University does not tolerate any form of Gender-based Violence or Sexual Harm and has a legal obligation to eliminate this conduct as far as possible.
Gender-based Violence and Sexual Harm Policy Page 3 of 14
3.2 Safety and dignity will be afforded to all members of the Adelaide University community
All members of the Adelaide University community have a right to be treated with dignity and respect, and to work, study, live and participate in a safe environment.
3.3 We will take a Person-centred and Trauma-informed approach to Gender-based Violence and Sexual Harm incidents
We will prioritise the safety and wellbeing of Disclosers and Complainants by adopting Trauma-informed practices and providing timely, accessible, inclusive and culturally appropriate support, as appropriate.
We will treat all people who make Disclosures or Formal Reports of Gender-based Violence and Sexual Harm with compassion, care and understanding, including First Nations people, culturally and linguistically diverse communities, people with disability and people of diverse sexual orientation and gender identity.
We recognise that power imbalances contribute to Gender-based Violence and Sexual Harm occurring, and that individuals may be reluctant to object to, or report, unwanted sexual conduct where they fear repercussions.
We support the right of any member of the Adelaide University community who has experienced Gender-based violence or Sexual Harm to choose whether to report the incident to the University, to the Police, or not at all. Adelaide University also upholds the right of individuals who make a report to decide whether to participate in any subsequent response or investigation, including the right to withdraw their participation at any time.
3.4 We will ensure processes are accessible
Adelaide University’s Integrity Unit will provide centralised management and/or oversight of Gender-based Violence and Sexual Harm Disclosures and Formal Reports raised with the University. We will adopt a ‘no wrong door’ approach to receiving Disclosures and Formal Reports. Individuals will be able to make a Disclosure or Formal Report to any area of the University and any University member of Staff, who will be expected to refer the matter to the Integrity Unit.
Disclosures and Formal Reports of Gender-based Violence and Sexual Harm will be received and managed by the University under the Gender-based Violence and Sexual Harm Response Procedure.
3.5 We provide timely, appropriate support
We support members of the Adelaide University community to raise concerns and, where appropriate, may implement Precautionary Measures to ensure individuals can continue to safely participate in the Adelaide University community while a complaint is being addressed.
We will ensure support is accessible to all members of the Adelaide University community who are parties to Disclosures or Formal Reports of Gender-based Violence or Sexual Harm, including by referring them to counselling, medical, Police, advocacy and other specialist services, as appropriate.
3.6 We are committed to ensuring Procedural Fairness and confidentiality
We will handle all Disclosures and Formal Reports of Gender-based Violence or Sexual Harm in accordance with the processes set out in the Gender-based Violence and Sexual Harm Response Procedure and in a timely and sensitive manner. This includes maintaining appropriate levels of confidentiality within legal parameters and by keeping the parties informed about the progress of any action being taken. The circumstances in which the University may be unable to maintain an individual’s confidentiality are set out in the procedure.
We seek to address Formal Reports of Gender-based Violence or Sexual Harm sensitively, fairly and confidentially, while following the principles of Procedural Fairness.
3.7 We encourage individuals to be Ethical Bystanders
We recognise that bystanders play an important role in preventing, intervening in and reporting Gender-based Violence and Sexual Harm. We are committed to promoting Ethical Bystander action and encourage all members of the Adelaide University community to report any Gender-based Violence or Sexual Harm that they witness or reasonably believe to have occurred to the Integrity Unit.
3.8 We expect and demonstrate respectful, inclusive and ethical behaviour across our Adelaide
We lead and contribute to a safe, inclusive culture by understanding and meeting our positive duty obligations, modelling appropriate behaviour and ensuring accountability for the prevention of and response to, Gender-based Violence and Sexual Harm.
We equip all University leaders, including student leaders, with training required to respond appropriately and compassionately to Disclosures, and require staff to refer matters to the Integrity Unit while respecting a Discloser’s privacy including through de-identification where consent is not given.
3.9 We recognise and respect that individuals experience the world through multiple, interconnected identities
We recognise that Gender-based Violence and Sexual Harm may be perpetrated or experienced by people of any sex, gender or sexual orientation. It also recognises that gender inequality contributes to many forms of Sexual Harm occurring.
While anyone can experience Gender-based Violence and Sexual Harm, the University acknowledges that it disproportionately affects women, First Nations people, culturally and linguistically diverse communities, people with disability and people of diverse sexual orientation and gender identity.
3.10 We recognise that understanding of Gender-based violence is enhanced through continuous and required learning
We encourage members of the Adelaide University community to obtain a deeper understanding of Gender-based Violence and Sexual Harm and their role in recognising, preventing and responding to such conduct.
The University will make accessible to all members of the Adelaide University community information and resources to enable this learning.
4. Safe environments
The University has a legal obligation to provide a safe environment for the Adelaide University community and will ensure that appropriate processes and procedures are in place to allow for a safe environment to be established and maintained in all areas of the University.
We will ensure that where applicable, staff will comply with Working with Children Check requirements [See Safety of Children and Vulnerable People Policy] and, require disclosures of existing or previous intimate relationships between Staff and Students and/or Student Accommodation Staff and residents in the accommodation setting, and to manage and respond to such disclosures (See Conflict of Interest Policy and Relationships with Students Procedure).
We will ensure that necessary arrangements are in place in respect of Student Accommodation to ensure compliance with the requirements of the Code in relation to accountable leadership and governance, and the provision of education, safe environments and systems, and support.
5. We focus on preventative education, training and awareness
We ensure that we build knowledge and capability through education, training and awareness raising activities that seek to prevent Gender-based Violence and Sexual Harm. Our education, training and awareness raising activities are evidence-based and are evaluated and monitored.
6. We will monitor, review and report
We will continuously monitor and review the implementation, operation and compliance with this Policy and its associated Procedure, and report as required under the Code. We will establish and maintain appropriate data collection and management systems to support this monitoring and reporting ensuring data is collected in a safe, trauma-informed and person-centred manner and handled securely.
Where required for monitoring purposes, the University will provide to external bodies de-identified information in accordance with relevant Commonwealth and State privacy laws and/or the Australian Privacy Principles.
7. We will act transparently
The University does not use Non-disclosure Agreements (NDAs) for Gender-based Violence matters, unless the person making the disclosure specifically asks for one. Even then, an NDA cannot stop the person from seeking support or advice or prevent the University from meeting its reporting obligations under the Code.
Settlement agreements must also not include any Non-disparagement Clauses that would require the person to keep their experience confidential.
8. Definitions used in our policy
Please refer to our Adelaide University Glossary for a full list of our definitions.
To the extent there are any inconsistencies between the definitions in this policy and procedure and the Adelaide University glossary, the policy and procedure definitions will prevail for the purposes of the policy and procedure.
Adelaide University community means Adelaide University students and staff, as well as non-staff members of Adelaide University including alumni, honorary titleholders, adjuncts, visiting academics, guest lecturers, contractors, volunteers, third-party providers / suppliers and partners who are engaging with and contributing to the work of Adelaide University.
Affiliated Organisation for the purposes of the Code means an organisation that uses Adelaide University’s intellectual property in is name, marketing, recruitment or governance documents.
Affiliated Student Accommodation Provider means a provider of accommodation to Students that is not a Student Accommodation Provider or Adelaide University, but is nevertheless affiliated with Adelaide University, including (without limitation) by:
- any statute, constitution or similar legal instrument that governs or otherwise regulates Adelaide University; or
- having a service agreement or other agreement with Adelaide University; or
- operating on the Adelaide University’s lands; or
- being authorised by Adelaide University to use Adelaide University’s intellectual property in its recruitment or marketing materials or on its website; or
- being listed by Adelaide University on its website as ‘student accommodation’ or being promoted by Adelaide University in its recruitment or marketing material.
Code means the National Higher Education Code to Prevent and Respond to Gender-based Violence.
Complainant means a person who makes a Formal Report in accordance with the Gender-based Violence and Sexual Harm Policy and Procedure.
Contractor means a person engaged by the University under a contract for goods or services.
De-identified has the same meaning as in the Privacy Act 1988 (Cth).
Discloser means a person who has shared information about their experience of Gender-based Violence or Sexual Harm, where the person is seeking support or wants to report an incident but who has not indicated that they wish the University to address their Disclosure with the Respondent.
Disclosure means the provision of information about a person’s experience of Gender-based Violence or Sexual Harm where the person is seeking support or wants to report an incident but who has not indicated that they wish the University to address their Disclosure with the Respondent.
Ethical Bystander means a person who witnesses an event that is disrespectful or harmful and chooses to intervene in a way that is safe and effective.
Formal Report means the provision of information about a person’s experience of Gender-based Violence or Sexual Harm by a Complainant to Adelaide University, which requires Adelaide University to consider taking steps including (without limitation) the commencement of an investigation and/or a disciplinary process in appropriate circumstances.
Foundation Universities means the University of South Australia and The University of Adelaide.
Gender means the gender-related identity, appearance or mannerisms or other gender-related characteristics of a person. This includes the way people express or present their gender and recognises that a person’s gender identity may be an identity other than male or female.
Gender-based Violence means any form of physical or non-physical violence, harassment, abuse or threats, based on gender, that results in, or is likely to result in, harm, coercion, control, fear or deprivation of liberty or autonomy.
Leadership means the University’s governing body and the Vice-Chancellor and President.
Non-disclosure Agreement: An agreement that requires particular details to be kept confidential as part of reaching a settlement.
Non-disparagement Clause: A clause that requires parties not to say things about each other that are critical, dismissive, or disrespectful.
Person-centred means ensuring that the Discloser or Complainant’s needs and preferences are at the centre of decisions made in response to a Disclosure or Formal Report. The response systems, policies and procedures affirm the Discloser or Complainant’s dignity and support their healing by genuinely considering their wishes and the impact that decisions may have on them, while at all times ensuring the safety and wellbeing of the Discloser or Complainant and other Students and Staff.
Precautionary Measures are measures taken in order to minimise the potential for harm to any person arising from a Formal Report of Gender-based Violence or Sexual Harm. They are interim measures taken while a Formal Report is addressed and may include, but are not limited to:
- suspending a person from using any property or entering any particular parts of the University campus
- changes to learning arrangements
- suspension with or without pay in accordance with the Enterprise Agreement and the person’s employment contract
- prohibiting a person from speaking to or approaching another person electronically (including via social media, email and University online platforms), in person or through a third party.
Procedural Fairness in a decision-making context, means the decision is made in accordance with the rule against bias and the hearing rule (i.e. a Respondent is given an opportunity to present their case with knowledge of any prejudicial material that may be taken into account by the decision-maker).
Respondent means a person whom it is alleged has engaged in conduct that amounts to Gender-based Violence or Sexual Harm.
Sexual Activity means any activity of a sexual or intimate nature.
Sexual Harassment means an unwelcome sexual advance, an unwelcome request for sexual behaviours, or other unwelcome conduct of a sexual nature, in circumstances where a reasonable person, having regard to all the circumstances, would have anticipated the possibility that the person harassed would be offended, humiliated or intimidated.
Sexual Harassment is unlawful under State and Commonwealth anti-discrimination legislation. A single incident can constitute Sexual Harassment, and the capacity for the conduct to offend, humiliate or intimidate is assessed on an objective basis. The intention of the perpetrator is not relevant to this assessment.
Sexual Harassment can be verbal, non-verbal, written, graphic or physical. Sexual harassment includes but is not limited to:
- making unwelcome remarks about a person’s appearance or attractiveness
- asking a person intrusive questions about their relationship or Sexual Activity
- repeated or inappropriate invitations to go out
- sending emails with sexual content
- showing a person pornographic pictures e.g. on a phone or computer
- unwelcome touching, hugging or kissing
- inappropriate staring or leering
- sexual gestures
- sexually suggestive comments or jokes.
Sexual Harm for the purpose of this policy and procedure means any act of a sexual nature that a person does not consent to, including:
- Gender-based Violence (see above)
- Sexual Harassment (see above)
- sexual assault (also called rape): the forced penetration of a person’s vulva or anus by any part of the body of another person, or by any object
- unwanted oral sex: unwanted insertion of the penis into the mouth of another person, or the use of the tongue or lips on the vulva, penis, scrotum or anus of another person
- unwanted sexual touching: unwanted kissing or touching a person’s body in a sexual manner, including unwanted touching of a person’s breast or chest, bottom or genitals
- unwanted sexual acts: doing, or making another person do, an unwanted act of a sexual nature, including flashing (showing another person one’s breasts, bottom or genitals), masturbating, pretending to masturbate, or sending an unwanted still or moving image of a person’s genitals
- voyeurism: observing a person who is undressed, using the toilet, showering, bathing or engaged in a sexual act, without their Consent
- stalking: conduct connected to or arising from a current, past or desired sexual relationship that could reasonably be expected to make a person feel frighted or apprehensive, including following another person, loitering outside their home or workplace, interfering with their property, sending them offensive material and communicating with them, or communicating to others about them
- recording or distributing an intimate image of another person without their Consent, including images of a person who is undressed, using the toilet, showering, bathing or engaged in a sexual act. Images may be still or moving, real or fabricated (such as photo-shopped or ‘deep fake’ images), and may be distributed in person, or by electronic, digital or other means.
Threatening to engage in any of the above conduct may also constitute Sexual Harm.
Sexual Harm does not include consensual Sexual Activity between adults. Any person engaging in Sexual Activity must ensure that the other person agrees to engage in the Sexual Activity. For the purposes of this policy, a person will be considered to have engaged in Sexual Harm towards another person in relation to an incident involving Sexual Activity where:
- the other person did not Consent to the Sexual Activity and the first person knew that the other person did not Consent or had withdrawn their Consent; or
- they were recklessly indifferent to the fact that the other person did not Consent or had withdrawn their Consent.
Staff means any person employed by the Adelaide University, including students employed by the University and undertaking activities connected to their employment with the University. For the purposes of the Code, Staff has the same meaning as ‘worker’ under the Model Work Health and Safety Act.
Student/s means, for the purposes of this policy and procedure:
- a person who is enrolled in, or has deferred enrolment in, or is on formal leave of absence or suspension from, an academic program, a course or a group of courses at or offered by the University or an affiliated educational establishment that leads to a University award • a person who is authorised to participate in learning or research training activities of any type at the University
- a student of another education institution who is authorised to have access to University premises, facilities, or both
- a person who was a student at the time that the alleged Gender-based Violence or Sexual Harm took place.
Student Accommodation means accommodation offered or provided to a Student by:
- Adelaide University directly
- a Student Accommodation Provider
- an Affiliated Student Accommodation Provider
but in each case does not include any of the following accommodation:
- accommodation arranged under a homestay program where Students are offered opportunities to live with local families
- rental properties that are leased through residential tenancy agreements with a private landlord and are not offered exclusively for accommodation for Students
- rental properties that are in premises used for student accommodation and are owned by individual landlords and leased through residential tenancy agreements
- hotels or serviced apartments that are used to provide temporary accommodation for Students.
Student Accommodation Provider means a provider of Student Accommodation that is not itself directly owned, managed and/or operated by Adelaide University but is nevertheless under the Control of Adelaide University.
Student Accommodation Staff means pastoral care leader, residential student advisers and equivalents employed or engaged by Adelaide University, a Student Accommodation Provider or Affiliated Student Accommodation Provider, including in a non-paid capacity.
Titleholder means appointees to adjunct, affiliate, clinical, visiting, honorary, and emeritus positions in accordance with the [Titleholder Policy].
Trauma-informed means an approach that applies the core principles of safety (physical, psychological and emotional), trust, choice, collaboration and empowerment. It should minimise the risk of re-traumatisation and promote recovery and healing to the greatest extent possible.
Visitor means any person not paid by the University, who is engaged in an activity related to official University business, for which they are granted a Visitor ID card and/or Visitor IT and/or security access, and who is not otherwise a Student, member of Staff, Titleholder, Contractor or Volunteer.
Volunteer means a person who freely gives their time and expertise for an approved purpose, in order to contribute to an aspect of the University’s community.
Vulnerable people means individuals who may be at increased risk of harm, exploitation or abuse due to age, disability, illness, cultural background, life experiences, or social or economic disadvantage. This includes, but is not limited to:
- people with disability
- elderly persons
- international students and others who may be isolated from traditional support networks
- individuals experiencing homelessness, trauma, or other forms of vulnerability.
9. How our policy is governed
This policy is categorised, approved and owned in line with the governance structure of Adelaide University and the offices and officers listed below.
Policy category
| Council
|
|---|
Approving authority
| Council
|
Policy owner
| Co-Vice Chancellors/Vice Chancellor and President
|
Responsible officer
| Executive Director, Integrity Unit
|
Effective from
| 1 January 2026
|
Review date
| 1 year from the effective date
|
Enquiries
| Interim Central Policy Unit/[Central Policy Unit]
staff.policy.enquiries@adelaideuni.edu.au
|
Replaced documents
| None
|
