Gender-based Violence and Sexual Harm Response Procedure

1. The purpose of our procedure

This procedure sets out how Adelaide University manages Disclosures and Formal Reports of Gender-based Violence and Sexual Harm and gives effect to our [Gender-based Violence and Sexual Harm Policy].

Please read this procedure in conjunction with our:

Gender-based Violence and Sexual Harm Policy
Student Code of Conduct
[Staff Code of Conduct]
Student Conduct Policy
Student Misconduct Procedure
[Staff Misconduct Procedure]
Enterprise Agreements.

2. Who and what our procedure applies to

This procedure applies to all members of the Adelaide University community including the Adelaide University Council, Vice Chancellor 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
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 undertake 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.

3. Our Gender-based Violence and Sexual Harm procedure

3.1 Reports of Gender-based Violence and Sexual Harm

All notifications of Gender-based Violence and Sexual Harm made to Adelaide University will first be treated as Disclosures. Disclosers may decide either at the time of disclosure or subsequently whether they wish to pursue a Formal Report.

3.1.1 For all Disclosures and Formal Reports, the Integrity Unit will undertake a risk assessment. The Unit will work separately with the Discloser and, where applicable, the Respondent if the Respondent is a member of the Adelaide University community, to develop support plans in accordance with the procedure set out at clauses 3.10 and 3.11 below.

Disclosures and Formal Reports may be made anonymously. However, we are unable to provide support to members of the Adelaide University community who choose to make their Disclosure anonymously and may be limited in the action it can take in relation to the Disclosure.

Where possible, we will utilise de-identified data from anonymous Disclosures to identify any trends and risks to inform future action to prevent Gender-based Violence and Sexual Harm.

Where a Formal Report is made anonymously, it may not be possible to ensure Procedural Fairness. In such circumstances, the University may determine that it cannot take action in relation to the report.

3.2 Making a Disclosure

A Disclosure may be made to the University’s Integrity Unit, by phone [insert phone], email [insert email], in person or using the online Respect at Adelaide form available [here].

Disclosures can be made by anyone who has experienced, witnessed or has knowledge of Gender-based Violence or Sexual Harm, and who is seeking support or who wants to report the incident.

A Disclosure may be made to any other area of the University and outside of the process set out in Procedure 3.1. Any Disclosure made in this way must be referred to the Integrity Unit to be managed in accordance with this Procedure. The referral is to be made in a way which respects the Discloser’s preferences and any confidentiality considerations.

The University will endeavour to respect and accommodate the Discloser’s choices in making a Disclosure, including whether to take any further action in relation to the Disclosure. Once made, a Disclosure may not be withdrawn by the Discloser, but the Discloser may choose not to pursue or participate in any subsequent process in relation to the Disclosure.

The University will not notify a Respondent to a Disclosure of the existence or the nature of the Disclosure without consultation with and, wherever possible, consent from, the Discloser.

While the University will endeavour to follow the wishes of all Disclosers and enable them to maintain control of their Disclosures, there are circumstances where the University may take further action in relation to a Disclosure, even when this would be against the wishes of the Discloser. The University will only investigate and act in relation to a Disclosure if:

a risk assessment shows there is further risk to the health or safety of the person who made the Disclosure, or to another member of the Adelaide University community such that mitigating actions are required; and/or
the Disclosure concerns harm to a vulnerable person or a person who is, or was at the time, under 18 years of age.

In these circumstances, the Integrity Unit will contact the Discloser to inform them of the actions it intends to take.

The University will not take action that may alert the Respondent to the existence or content of a Disclosure without making a reasonable attempt to inform and check the safety of the person who made the Disclosure, and/or the person who experienced the Gender-based Violence or Sexual Harm detailed in Disclosure, where the disclosure has been made by an Ethical Bystander.

Where the University decides to investigate a Disclosure, it will be treated as a Formal Report for the purposes of this procedure, and any processes otherwise applicable to the investigation and resolution of Formal Reports will apply.

A person who makes a Disclosure may at any time decide to make a Formal Report.

A person who makes a Disclosure, will be provided information about their options to report to an external authority such as the Police, the Ombudsman SA, Office of Public Integrity, the National Student Ombudsman or the Office of the Commissioner for Equal Opportunity.

3.3 Formal Reports

A Formal Report may be made by anyone who experienced Gender-based Violence or Sexual Harm, who is seeking support and wants the University to address the matter with the Respondent in response to their Formal Report, provided either they or the Respondent were a member of the Adelaide University community at the time the conduct occurred.

3.3.1 The Integrity Unit will seek to finalise all Formal Reports within 45 business days, including finalisation of any applicable disciplinary processes. Where it is identified that a matter is particularly complex or that there are other impediments that are likely to prevent the matter from being finalised in this timeframe, the Integrity Unit will keep the parties informed of the estimated timeframe for finalisation and will seek an extension to this timeframe from the Vice-Chancellor and President.

3.3.2 The Vice-Chancellor and President must satisfy themselves that extensions to this timeframe are only being permitted where required.

3.4 Making a Formal Report

The Integrity Unit will assess each Formal Report to determine how the matter should be actioned. In determining the action to be taken in relation to a Formal Report, the Integrity Unit will have regard to the circumstances in which the conduct occurred, the connection between the parties and the University, and the safety and wellbeing of members of the Adelaide University community.

The Integrity Unit may determine that no action, or limited action, should be taken in relation to a Formal Report where:

the Discloser has provided insufficient detail or evidence to enable the Formal Report to be properly assessed. All reasonable efforts will be made to obtain sufficient detail from the Discloser prior to reaching such a determination. A Formal Report may be reopened where further information is made available
the Formal Report is vexatious or malicious
the Respondent does not currently hold a position with the University that would enable the University to require their participation in any process relating to the Formal Report or to take meaningful action in response to any investigation finding
the matter is being investigated by another party
the complaint is more appropriately handled by a third party.

A person’s decision to make a report to the Police or other external agency will not prevent the University from investigating or acting in response to a Formal Report of Gender-based Violence or Sexual Harm under its own policies and procedures. However, to protect the rights of the Discloser and the Respondent, any internal University process may be suspended pending completion of a criminal process. The University will continue to provide support to the Discloser and Respondent during this process and Precautionary Measures may be implemented to minimise the risk of harm to members of the Adelaide University community until any internal University process is completed.

If the University is unable to offer a Facilitated Resolution or to undertake an investigation or disciplinary processes in response to Formal Reports that do not contain sufficient information to enable the Respondent to be identified. In this event, the University will treat the report as a Disclosure and provide support to the Discloser as appropriate.

A Discloser is free to withdraw their Formal Report at any time. However, if the University has already commenced disciplinary proceedings against a Respondent as a result of the Formal Report, those proceedings will (where practicable) be completed.

3.5 Preliminary Assessment of Formal Report

The Integrity Unit will undertake a preliminary assessment of all Formal Reports made under this Procedure.

The purpose of a preliminary assessment is to determine how a Formal Report should be managed and resolved, including whether the matter may be suitable for Facilitated Resolution under Procedure 3.6, whether Precautionary Measures should be imposed under Procedure 3.5, and/or whether the matter should be investigated to enable consideration of appropriate disciplinary action.

This decision will take into account the seriousness of the alleged conduct, the role(s) held by the Respondent and the instruments or policies that may apply to the Respondent.

As part of the preliminary assessment, further information may be requested and collected from the Discloser and/or the Respondent.

If further information is required to undertake a preliminary assessment of the Formal Report, the Integrity Unit will contact the Discloser to obtain this information.

The University will not require a Discloser or a Respondent to provide physical evidence relating to an alleged incident of Gender-based Violence or Sexual Harm.

The Discloser will be advised of the outcome of the preliminary assessment process, including the reasons for the outcome and their agreement to participate in any process will be confirmed.

The preliminary assessment will be undertaken within 2 business days of receiving full details of the formal report.

3.6 Precautionary Measures

The University may take Precautionary Measures against a member of the Adelaide University community to support the safety and wellbeing of the Discloser and the broader Adelaide University community.
Decisions about Precautionary Measures are made by the relevant decision maker, having regard to the role of the respondent within the Adelaide University community. The Integrity Unit will provide advice and recommendations to the decision maker on appropriate and proportionate Precautionary Measures.
For current Staff, a decision to take Precautionary Measures will be made having regard to the provisions of the Enterprise Agreement and any relevant circumstances.
For current students, any Precautionary Measures taken under this Procedure are in addition to any action available or taken under the Student Conduct Policy and Student Misconduct Procedure.
Precautionary Measures are imposed on an interim or temporary basis and are not a penalty or sanction. They should not be interpreted as a determination of the Formal Complaint or a finding of breach of any University policy.
Precautionary Measures will be decided and implemented with regard to the wishes of the Discloser. Precautionary Measures must be reasonable and proportionate to the seriousness and circumstances of the alleged Gender-based Violence or Sexual Harm.
Precautionary Measures may be taken in a summary manner, and the relevant decision maker is not required to provide a hearing or inform the affected person before making a decision.
Precautionary Measures will continue to apply until they are revoked by the relevant decision maker or expire in accordance with their terms.
Precautionary Measures will take affect at the time they are communicated to the affected person, whether verbally or in writing. Where they are issued verbally, they must also be provided in writing within 24 hours following this communication. The person must be advised of the terms, period and reasons for the Precautionary Measures.

3.7 Facilitated Resolution

The aim of Facilitated Resolution is to achieve agreement between the Discloser and the Respondent on a mutually satisfactory resolution of the Formal Report.
Facilitated Resolution may be made available to the parties to a Formal Report, where it has been determined by the Integrity Unit that it is appropriate to do so, having regard to the wishes of the Discloser.
Facilitated Resolution will not usually be considered appropriate for alleged conduct that might, if proven, constitute Serious Misconduct under the Enterprise Agreement or involve potential criminal behaviour, or where a risk assessment otherwise indicates there is ongoing risk to other members of the Adelaide University community.
Where the Discloser expressly seeks / Facilitated Resolution to resolve a matter, this option may be offered even in matters that would otherwise warrant investigation. If Facilitated Resolution is unsuccessful, the matter may proceed to investigation. Facilitated Resolution will only occur where the Discloser and Respondent both consent to participating in such a process.
Facilitated Resolution may involve:
- An apology
- A facilitated discussion, such as a mediation or conciliation
- An agreed plan of action to avoid further incidents
- A written undertaking by the Respondent and/or
- Training or educational sessions to address workplace culture or behaviour.
- Disclosers and Respondents may be accompanied to any meeting conducted as part of a Facilitated Resolution process by a Support Person, if they choose.

3.8 Investigation

Investigations into Formal Reports in relation to current Staff who are alleged to have engaged in Gender-based Violence or Sexual Harm are to be dealt with in accordance with this Procedure and the associated Policy and/or the Enterprise Agreement as appropriate (with the process under the Enterprise Agreement prevailing to the extent of any inconsistency).

The Integrity Unit will prepare an investigation plan at the commencement of each investigation, setting out the expected timeframe for undertaking the investigation. To the extent possible, the Integrity Unit will support the investigation with such resources as to enable the investigation to be completed in 20 business days. Where the investigator forms a view that an investigation cannot be completed within 20 business days, they will inform the Executive Director, Integrity Unit. The parties to the matter will be kept informed of the estimated timeframe for completion.

The Integrity Unit will investigate all Formal Reports where the Respondent is a student or Staff member, regardless of the context of the alleged conduct, insofar as the alleged conduct falls within the scope of this procedure and the associated policy.

Where the Formal Report is only connected with the University because the Respondent is a student or Staff member the Integrity Unit will consider the safety and wellbeing of other students and Staff in determining the scope of any investigation.

In undertaking an investigation of the Formal Report, the Integrity Unit will observe the principles of Procedural Fairness and engage in clear and transparent communication regarding its processes with the Discloser and the Respondent.

Where misconduct is relevant to or impacts on a third party, such as clubs or placement providers (but not Student Accommodation, which is managed in accordance with clause 3.10), the Integrity Unit may (but is not required to):

conduct a joint investigation with those third parties
share information related to the Complaint and the investigation for the purposes of conducting a joint investigation and
share the outcome of its investigation, including any investigation report, with the third party.

Where the Integrity Unit determines an investigation should be conducted into possible Gender-based Violence or Sexual Harm by a Titleholder, Volunteer, Visitor or Contractor, the principles of Procedural Fairness will be applied. The Integrity Unit will otherwise determine its own procedures.

The University must notify the Discloser and Respondent in writing if an investigation into a Formal Report will be commenced. Unless impossible or impractical to do so, the Discloser and the Respondent will be notified on the same day as each other that an investigation will be commenced, and the Discloser will be notified first.

Discloser and Respondents may be accompanied to any meeting or interview conducted as part of an investigation process under this Procedure by a Support Person, if they choose.

The purpose of any investigation into a Formal Report of Gender-based Violence or Sexual Harm is to assess and determine whether any disciplinary process is appropriate or required, not whether the Respondent to the Formal Report has engaged in criminal conduct.

As a result of an investigation of a Formal Report, and depending on the status of the Discloser and Respondent to the Formal Report, the Integrity Unit may take one or more of the following actions:

Where the Respondent is a student, the matter must be referred to further disciplinary action under the Student Misconduct Procedure. This includes submitting a Formal Report under clause 3.1 or determining how the Formal Report is to be assessed and directed under clause 3.2, as appropriate. Where the Respondent is a member of Staff, ensure that relevant disciplinary processes as set out in the applicable Enterprise Agreement are followed.
Where the Respondent is not a current member of Staff or a current Student but is otherwise a member of the University community, an outcome is to be imposed in accordance with clause 3.9 of this Procedure.
Decide that no further action should or can be taken by the Integrity Unit and/or the University and close the Formal Report. This may be the case where the Respondent to a Formal Report is not a member of the Adelaide University community, or the University otherwise does not have the necessary jurisdiction to take further disciplinary steps in relation to the Formal Report.

3.9 Disciplinary Processes

Disciplinary processes in relation to current Staff or Students who are alleged to have engaged in Gender-based Violence or Sexual Harm are to be dealt with in accordance with the following:

The Student Code of Conduct, the Student Conduct Policy and the Student Misconduct Procedure where the Respondent is a student.
[Staff Code of Conduct], [Staff Misconduct Procedure] and the applicable foundation university Enterprise Agreement where the Respondent is a member of Staff.
Where a Respondent is both a Student and Staff, or Staff and a Titleholder, a Formal Report may be managed - and outcomes determined - in relation to one or both roles as appropriate, either simultaneously or consecutively. In such cases the University will determine the most appropriate course of action.

3.10 Outcome

The outcome of a Formal Report of Gender-based Violence or Sexual Harm made against any member of the Adelaide University community who is not a current member of Staff or Student will be determined by the University having regard to the seriousness of the matter and the wishes of the Discloser where possible.

Possible actions may include, but are not limited to the following:

For Titleholders - revocation of a title and any accompanying privileges under the [Titleholder Policy] as applicable, and a prohibition on any future appointments.
For Volunteers – termination of any voluntary role, and a prohibition on any future participation in the University’s Volunteer Program.
For Contractors – termination of any contract or agreement for goods or services, and a prohibition on any future engagements. For larger contracting firms, the permanent removal of the Respondent as a service provider to the University.

Where possible, the Integrity Unit will ensure the Discloser is informed of the outcome in person, to allow them to ask questions and seek clarification about the effect of the outcome.

Support will continue to be made available to parties beyond the closure of the complaint, as required.

3.11 Student Accommodation

In addition to other applicable processes in this Procedure, the below processes apply to Disclosures and Formal Reports that are made by or about a Resident, Student Accommodation Staff, or any Staff whose substantive role is in connection with Student Accommodation.

The University may take all necessary immediate action proportionate to the risk arising from a Disclosure or Formal Report to ensure the safety of the Discloser, Residents and Student Accommodation Staff. This may include, but is not limited to, relocation of the Respondent or the Discloser (at their request) to alternative accommodation and/or arranging available urgent support services for the Discloser and the Respondent.

Within 48 hours of receiving a Disclosure or Formal Report to which this Procedure applies, the University must undertake a risk assessment which:

takes into account and seriously considers the views of the Discloser
determines the safety measures to be implemented to protect the safety of the Discloser and other Residents.

Within 48 hours of receiving a Disclosure or Formal Report to which this Procedure applies, the University must separately develop and implement a support plan collaboratively with the Discloser and, the Respondent, where they have been notified of a Formal Report.

Where a Disclosure relates to conduct in Student Accommodation, the Discloser may elect that the University leads the response, including any investigation or disciplinary process. The Student Accommodation Provider must cooperate fully and implement any outcomes decided by the University.

3.12 Services and Support

Any member of the Adelaide University community can contact the Integrity Unit for information about options relating to support services and reporting processes.

The University will assign a Staff member to develop collaboratively with the Discloser, Discloser or any person intending to make a Disclosure or Formal Report to develop a tailored support plan, which may include:

information about the University’s Gender-based Violence and Sexual Harm Policy and Procedure, including the specific processes and outcomes that apply to Disclosures and Formal Reports
assistance in making a Disclosure or Formal Report, as required, including facilitating urgent assistance to overcome any cultural or linguistic barriers that may exist
information about and prioritising urgent access to internal and external support, advice and emergency assistance services
information about the types of Precautionary Measures that may be implemented when a Formal Report is made, and the implementation of any measures necessary and appropriate to ensure the immediate safety of the Discloser
information about external reporting options, including making a Report to Police, and assistance to do so where required
for current Students, Staff Members, Titleholders and Volunteers counselling and psychological support
ongoing risk assessments to monitor and manage any identified risks
information about, and support to access, alternative study, supervision or work arrangements as appropriate.

The University will assign a Staff member to develop collaboratively with the Respondent to a Formal Report (or to a Disclosure, where the Discloser elects for it to be made known) who is a member of the Adelaide University community to develop a tailored support plan, which may include one or more of the following:

Information about the University’s Gender-based Violence and Sexual Harm Policy and Procedure, including detailed information about each step of the process by which the Formal Report is being managed and the possible outcomes that may arise in relation to the matter.
For current Students, Staff Members, Titleholders and Volunteers, information on how to access counselling and psychological support.
Information about and priority access to internal and external support options that may be available, including assistance to overcome any cultural or linguistic barriers that may exist.
The option to have a Support Person accompany the Respondent to any meeting or interview that occurs as part of the Formal Report process.
Ongoing risk assessments to monitor and manage any identified risks.
Considering and implementing academic and/or work adjustments.
Regular updates about the progress of the University’s action in relation to the Formal Report.

The same member of Staff must not be assigned to support both the Discloser t and the Respondent in respect of the same Disclosure or Formal Report.

The university will also provide assistance and support to individuals not directly impacted by the alleged Gender-based Violence or Sexual Harm, but who are involved in making a Disclosure or Formal Report.

Students can access the following internal support services:

counselling
a staff member who is part of the University’s Respect Network.
support from the Student Wellbeing and Safety Team.
Staff, Titleholders and Volunteers can access support via the University’s Employee Assistance Program (EAP).
The following external support services are also available to all individuals, whether they are members of the Adelaide University community or not:
1800RESPECT (1800 737 732) for 24-hour national domestic, family and sexual violence support
13YARN (13 92 76) for 24-hour crisis support for Aboriginal and Torres Strait Islander people
QLife (1800 184 527 or via webchat) for free and anonymous support for LGBTQIA+ individuals and their loved ones.

In the event of an emergency, individuals should contact Campus Security via the Safe Zone app or at [insert phone number] or dial triple zero (000).

3.13 Confidentiality

The University will treat Disclosures and Formal Reports as confidential, and will not disclose their existence or contents without the Consent of the Discloser, unless:

the disclosure is of de-identified information only
the disclosure is necessary to address a serious risk to health or safety
the Discloser is, or was at the relevant time, under 18 years of age
the University is otherwise required to do so in order to meet its legal obligations or to defend its legitimate legal interests
the disclosure is for the purposes of managing or investigating a Formal Report.

To ensure a procedurally fair investigation is conducted, Disclosers and Respondents are required to treat Disclosures and Formal Reports as confidential pending the outcome of any University investigation and associated disciplinary process.

Except as otherwise stated in this Procedure, Disclosers and Respondents must not disclose or discuss information about a Disclosure or a Formal Report, except to obtain support or advice from a Support Person (such as a family member, friend, counsellor or doctor), a representative (such as a union representative or lawyer), or an external organisation (such as the Police, the Office for Public Integrity, the Ombudsman SA, National Student Ombudsman or the Office of the Commissioner for Equal Opportunity). Obligations to maintain confidentiality extend to Support Persons and representatives.

The University will inform the Discloser and the Respondent of the outcome of any Disclosure or Formal Report investigation on a confidential basis.

3.14 Substantiated Complaints

Where a Complaint has been investigated by the University, or where a court or an external body has made a finding, and some or all allegations have been substantiated, certain confidentiality obligations set out in this Procedure will cease to apply. In particular:

The University will no longer require the Discloser to keep confidential their own identity, the identity of the Respondent, any information they provided that relates to those parts of the Formal Report that were proven, or the outcome of substantiated aspects of the Formal Report.
The University will no longer require the Respondent to keep confidential their own identity, any information they provided the investigation that relates to those parts of the Formal Report that were proven or the outcome of the substantiated aspects of the Formal Report.

These confidentiality obligations are in addition to any other obligations individuals may have at law. Disclosure of information about complaints may expose individuals to legal risks and/or compromise any external investigation or legal proceeding that may arise in relation to the alleged conduct.

The University may disclose information about the outcome of a Disclosure or Formal Report:

in accordance with its legal obligations
to defend its legitimate legal interests
in accordance with this Procedure
in de-identified reports, which cannot be used to identify any of the participants to the Disclosure or Formal Report.

3.15 Non-disclosure and Non-disparagement Agreements

The University prohibits the use of Nondisclosure Agreements (NDAs) in relation to Gender-based Violence matters, unless specifically requested by the Discloser. Any such agreement must not prevent the Discloser from sharing their experience for the purpose of seeking support or advice, nor prevent the University from complying with its reporting obligations under the Code.

Any settlement terms must not contain a Nondisparagement Clause that could require the Discloser to keep their experience confidential.

3.16 No Victimisation

A member of the Adelaide University community must not victimise or subject another person to detrimental action because they have made a Disclosure or Formal Report, provided information about a report, supported another person who has done so, or engaged in safe and reasonable bystander intervention.

3.17 Vexatious Reports

Members of the Adelaide University community must not make vexatious or malicious Disclosures or Formal Reports of Gender-based Violence or Sexual Harm. Vexatious Reports by Staff and Students may constitute misconduct or serious misconduct and may result in disciplinary action. Appropriate disciplinary action taken in response to a vexatious or malicious Disclosure or Formal Report does not constitute victimisation or detrimental action.

A Disclosure or Formal Report is vexatious or malicious if the person reporting:

knew the Disclosure or Formal Report was false
made the Disclosure or Formal Report for the primary purpose of damaging the University or the person against whom the Disclosure or Formal Report was made.

4. Who holds a responsibility within this procedure

Refer to the Delegation Policy for all delegations at Adelaide University.

4.1 The Vice Chancellor and President is responsible for:

exercising discretion to approve an extension of time for finalisation of a Formal Report in accordance with clauses 3.3.1
making a decision on Precautionary Measures in accordance with clause 3.6 if the Respondent is a Level E Titleholder, a Deputy Vice-Chancellor, College Dean, or other senior staff member.

4.2 The Executive Director, Integrity Unit is responsible for:

ensuring compliance with the processes set out in this procedure and the associated policy by all Integrity Unit Staff.

4.3 Integrity Unit Staff are responsible for:

Receiving, handling and ensuring Disclosures and Formal Reports raised with the University are managed in accordance with this procedure and the associated policy
communicating with a Discloser, Complainant and/or the Respondent as required by this procedure
where so assigned, developing a support plan in accordance with clauses 3.10 and 3.11.

4.4 Any Relevant Decision Maker is responsible for:

making a decision on Precautionary Measures in accordance with clause 3.5

4.5 Any Staff member is responsible for:

receiving Disclosures and Formal Reports under this procedure and the associated policy and referring Disclosures and Formal Reports to the Integrity Unit in accordance with clauses 3.1 and 3.2.

5. Definitions used in our procedure

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 title holders, 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 its 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.

Consent means freely and voluntarily agreeing to Sexual Activity. A person is free to withdraw their Consent at any time prior to or during Sexual Activity, for any reason. The fact that a person does not say ‘no’ to sexual activity, or does not physically resist, does not of itself mean that they Consent to it.

A person is taken not to have freely and voluntarily consented to sexual activity if:

they agreed because force was applied or threatened (this includes an express or implied threat of force to the person or to another person), or because of an express or implied threat to denigrate, humiliate, disgrace or harass the person or another person
there existed an imbalance of power between the parties and a reasonable person, having regard to all the circumstances, would have anticipated that the victim engaged in the sexual activity because they feared repercussions
the person was unlawfully detained at the time of the activity
the activity occurred while the person was asleep or unconscious
the activity occurred while the person was intoxicated (by drugs or alcohol, or both) to the point of being incapable of freely and voluntarily consenting to the activity
the activity occurred while the person was affected by a physical, mental or intellectual condition or impairment such that they were incapable of freely or voluntarily consenting
the person was unable to understand the nature of the activity; or
the person agreed to engage in the activity with a person under a mistaken belief as to the identity of that person
the person was mistaken about the nature of the activity (for example, the person mistakenly believed that their sexual partner was wearing a condom)
the person was under 17 years of age
the person was under 18 years of age and the other person was in a position of authority over them (e.g. the other person provided sporting, musical or other instruction to the child, or was a health professional or social worker providing professional services to the child).

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/s 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/s 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.

Employee Assistance Program (EAP) means confidential psychological services funded by the University and provided by an independent external provider.

Enterprise Agreement means the University of Adelaide Enterprise Agreement or the University of South Australia Enterprise Agreement or any replacement agreement.

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.

Facilitated Resolution is an agreement between the Discloser and the Respondent on mutually satisfactory terms to resolve a Formal Report. Facilitated resolution may involve:

an apology
a facilitated discussion, such as a mediation or conciliation
an agreed plan of action to avoid further incidents
a written undertaking by the Respondent
training or educational sessions to address workplace culture or behaviour.

Formal Report means the provision of information about a person’s experience of Gender-based Violence or Sexual Harm by a Discloser 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.

Nondisclosure Agreement: An agreement that requires particular details to be kept confidential as part of reaching a settlement.

Nondisparagement Clause: A clause that requires parties not to say things about each other that are critical, dismissive, or disrespectful.

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
for a student residing in Student Accommodation, changes to their accommodation 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).

Relevant Decision Maker means:

where the Respondent is a current student, a Responsible Officer, as defined in the Student Misconduct Policy
where the Respondent is a current staff member, a person prescribed by the relevant Enterprise Agreement with responsibility for commencing a disciplinary process
where the Respondent is a Level A to Level D Titleholder, a College Dean
where the Respondent is a Level E Titleholder, the Vice-Chancellor
where the Respondent holds the title Emeritus or Emeritas, the governing body
where the Respondent is a Deputy Vice-Chancellor / Vice-President, College Dean or staff member whose position is not subject to the disciplinary provisions of the relevant Enterprise Agreement; the Vice-Chancellor
where the Respondent is the Vice-Chancellor, the governing body
for all others, the Executive Director, Integrity Unit.

At no time will the Relevant Decision Maker be a person who is named in or connected to a Disclosure or Formal Report or who otherwise has a conflict of interest.

Resident means a person that resides in Student Accommodation.

Respondent means a person whom it is alleged has engaged in conduct that amounts to Gender-based Violence or Sexual Harm.

Serious Misconduct has the meaning given in the relevant Enterprise Agreement.

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 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.

Support Person means an individual who provides emotional support and can be called upon to attend meetings with a Discloser or Respondent, but may not advocate for, act or speak on behalf of the Discloser or Respondent.

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 person 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.

6. How our procedure is governed

This procedure is categorised, approved and owned in line with the governance structure of Adelaide University and the offices and officers listed below.

Parent policy	[Gender-based Violence and Sexual Harm Policy]
Policy category	Council
Policy owner	Co-Vice Chancellors/Vice Chancellor and President
Procedure category	Council
Approving authority	Council
Procedure owner	Executive Director, Integrity Unit
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	(Transitional) Gender-based Violence Response Procedure

7. Legislation and other documents related to our procedure

Refer to the Delegation Policy for all delegations at Adelaide University.

Category	Documents
Associated procedures	Gender-based Violence and Sexual Harm Policy Student Misconduct Procedure
Referenced legislation	Adelaide University Act 2023 Higher Education Standards Framework (Threshold Standards) 2021 National Higher Education Code to Prevent and Respond to Gender-based Violence - Department of Education, Australian Government
External references	Enterprise Agreements in force for the foundation universities or as replaced.

8. History of changes

Date approved	To section/clauses	Description of change
18 December 2025	N/A	New procedure, replacing the existing (Transitional) Gender-based Violence Response Procedure to comply with the National Higher Education Code to Prevent and Respond to Gender-based Violence.

At the time of writing, Adelaide University’s organisational structure, position titles, and committee names have not been confirmed. Square brackets [ ] indicate placeholders for these details. Brackets are also used to identify policy elements that are subject to further decision-making or confirmation. These will be updated once final decisions are made.