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Contents

1. Purpose

This Sexual Harm Response and Prevention Procedure (Staff) (Procedure) defines ��õ������ University of Technology’s (the University) approach to handling disclosures,  complaints or reports of sexual harm where the respondent is a Staff Member and Relevant Persons.

This Procedure should be read in conjunction with the Prevention of Sexual Harm and Response Policy (Policy). 

2. Scope

This Procedure applies to all Staff Member and Relevant Persons (including full-time, part-time, casual, and fixed-term staff) engaged in any activities related to the University, whether on-campus, off-campus, or within digital environments.

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

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

If the incident/s involve children under the age of 18, the matter will be addressed in accordance with the University’s child safety and wellbeing framework.

3. Definitions

4. Principles

Responses to disclosures, complaints or reports of sexual harm must be trauma-informed, sensitive, and considerate of the victim-survivor’s experience, avoiding re-traumatisation.

The safety and wellbeing of individuals affected is supported by providing clear information on internal and external support services.

Confidentiality will be maintained as far as legally possible, with clear communication on when disclosure is required.

5. Reporting and disclosure options

Staff Member and Relevant Persons who have experienced incident(s) of sexual harm is encouraged to make a disclosure, complaint or report the incident.  Staff Member and Relevant Persons can make a complaint, report or disclose an incident(s) of sexual harm through the following options:

• Manager or People and Culture Business Partner: Staff Member and Relevant Persons can raise concerns with their direct manager or People and Culture Business Partner, who will provide guidance on the process, available support options, and ensure the issue is managed in accordance with University procedures.
• Online Incident System – Riskware: Staff Member and Relevant Persons can report an incident(s) through the University’s health and safety incident system, . There is an option to mark the report as ‘confidential,’ which will direct the incident to the appropriate team/s for action. Marking the report as confidential ensures that the Staff Member and Relevant Persons’s manager is not automatically alerted.
• Sexual Assault and Sexual Harm Anonymous Reporting: Staff Member and Relevant Persons may choose to lodge an anonymous disclosure using the designated University . However, anonymity may limit the University’s ability to take formal action or provide tailored support.
• Whistleblower: Staff Member and Relevant Persons may choose to make an anonymous disclosure using the Whistleblowers hotline - Improper Conduct and Whistleblowing | ��õ������.
• Workplace Relations: Staff Member and Relevant Persons may choose to make a formal complaint by emailing the details of the incident to workplacerelations@swin.edu.au.

Staff Member and Relevant Persons who witness or become aware of an incident involving sexual harm in relation to a member of the University community, may report the incident using the University’s health and safety online system, or via the Whistleblowers hotline, Improper Conduct and Whistleblowing | ��õ������.

All reporting and disclosure options follow a “no wrong door” approach, ensuring that any report or disclosure made is directed to the appropriate team(s) for a timely and effective response.

6. Support services for complainants and respondents

Individuals in immediate danger or requiring urgent medical assistance should contact Emergency Services on 000 and/or Campus Security (available 24/7) on (03) 9214 3333 (all campuses) for on-campus support and coordination with Emergency Services.   

Individuals requiring specialist crisis counselling support should contact the: 

• National Sexual Assault and Domestic Violence Service (available 24/7): Call 1800 737 732 or visit .  
• Victoria Sexual Assault Crisis Line (available after-hours): Call 1800 806 292 or visit . 
• Eastern Centre Against Sexual Assault (ECASA; available during business hours and 24/7 for recent incidents): Call 03 9870 7310, email ecasa@easternhealth.org.au or visit .   
• Men’s Referral Service (available 24/7): Advice for men who use violence. Call 1300 766 491 or visit . 

7. Managing disclosures

The University will take all reasonable steps to support the individual making a disclosure, recognising that the first disclosure may be the most important and how it is received may influence a decision to proceed to make a complaint or report.

The University may investigate a disclosure in accordance with this Procedure, together with other relevant policies and documents including the Prevention of Sexual Harm and Response Policy, People, Culture and Integrity Policy and the People and Culture Manual, even when a formal complaint or report has not been made, for example, if:

• there appears to be a risk to the health or safety of the individual who made the disclosure or to another person or persons; or
•  if the University considers there is sufficient evidence to warrant an investigation on its own motion; or
• two or more individuals independently name the same person in separate disclosures, or the University is concerned the disclosure may suggest a pattern of behaviour by the person about whom the disclosures are made; or
•  the individual making the disclosure is under the age of 18 (child) or persons affected or involved in the disclosure are likely to include or involve a child; or
•  the disclosure involves allegations of criminal activity including for example rape, sexual assault, physical assault, stalking and child abuse and unlawfully dealing with a child.

Prior to investigating a disclosure, the University may provide the individual who made the disclosure with:

• if appropriate, an explanation for why the matter is being investigated;
• information relating to support available to them;
• the opportunity to be involved in the investigation process if they wish to do so; and
•  an explanation of the record keeping and confidentiality provisions in this Procedure.

8. Managing complaints

Staff Member and Relevant Persons who choose to escalate a disclosure to a complaint  may do so at any time. There is no time limit on converting a disclosure to a complaint.

The University will manage complaints made about a Staff Member and Relevant Persons in accordance with this Procedure, together with other relevant policies and documents including the Prevention of Sexual Harm and Response Policy, People, Culture and Integrity Policy and the People and Culture Manual.

Where a Staff Member and Relevant Persons makes a complaint about a person who is not a student or Staff Member and Relevant Persons of the University:

• The University will pursue the matter if practicable for example in accordance with existing participation or affiliation agreements.
• If a complaint about conduct occurring at an affiliated college, club or society where the person complained of is not a member of the University, the University will assist the Complainant to make a complaint to the appropriate governing body, which may conduct an investigation or complaint resolution process independently of the University. 
•  Where possible, the University will seek to facilitate the sharing of relevant information with the other body about the conduct and outcomes of any investigation and protect the wellbeing of its own students or Staff Member and Relevant Persons who are involved in that body’s investigation.

Where a disclosure, complaint or report concerns misconduct affecting individuals within the University community who are under the age of 18, mandatory reporting requirements and the University’s child safety and wellbeing framework apply.

9. Interim measures

Interim measures appropriate to the University’s duty to provide a safe workplace may be implemented while a complaint of sexual harm is being assessed and/or investigated.

Where these measures are implemented, they do not indicate or presume the outcome of an investigation.

Interim measures may include (but are not limited to):

• temporary changes to work duties or location;
• modifications to workplace access or contact arrangements; and/or
• temporary suspension from employment.

10. Preliminary assessment and investigation

In circumstances where a formal complaint is made, a preliminary review will be undertaken consistent with the Complaints Handling Procedure prescribed by the People and Culture Manual.

During the preliminary review or investigation of a complaint, and in determining any findings and disciplinary outcomes, all parties are ensured procedural fairness and natural justice. All complaints will be managed and finalised as expeditiously as possible. The University is unable to investigate complaints where the Respondent cannot be identified, but if appropriate, will explore other viable options to address the concerns raised in the complaint.

The University will make an initial assessment of a complaint to determine next steps, taking into consideration, the following:

• the Complainant’s needs and wishes;
• any wider obligations and duties including obligations relating to occupational health and safety, duty of care and any other legal obligations;
• whether there is a risk to the health or safety of the individual who made the complaint or another person;
• whether the complaint relates to a child;
• what investigative or other actions, if any, are available to the University;
• whether two or more people independently name the same Respondent in separate complaints, or the University is concerned the complaint may suggest a pattern of behaviour by the Respondent;
• whether it is required to communicate the nature of the complaint to other authorities; and/or
• any relevant processes or sanctions that are available to the University under the terms of any contract between the individual (or their employer) and the University.

Where an investigation is required, it will be undertaken either internally or by engaging an external expert, and a report prepared. If an investigation does not proceed, the University will advise the Complainant of the decision and reasons for this immediately and ensure appropriate support is available to them.

The standard of proof applied to the University’s findings of sexual misconduct is on the balance of probabilities. This means that the alleged sexual misconduct is found to be more likely to have occurred than not, based on the available evidence.

The investigation report will be provided to the University and the University will determine an appropriate outcome based on the report. The outcome will be communicated to the appropriate parties. 

11. Outcomes

Decisions relating to any sanctions that the University will impose on a Respondent following a finding that sexual misconduct has occurred will:

• be proportionate to the nature and impact of the misconduct that has occurred;
•  consider the University’s duty of care;
• hold the Respondent accountable for their behaviour; and
• be consistent with the guiding principles outlined at section 4 of this Procedure.
• Sexual misconduct constitutes serious misconduct. The process for determining an outcome of serious misconduct for Staff Member and Relevant Persons and subsequent sanctions that can be imposed are outlined in the relevant , the  contractual terms of employment, the Fair Work Act 2009 (Cth) and any applicable legislative instrument.

Disciplinary action for Staff Member and Relevant Persons, as determined by the University, may include but are not limited to:

• termination of employment with or without notice;
• demotion or restricting promotion;
• removal from positions of responsibility;
• requirement not to attend campus;
• first or final written warning;
• requirement to undertake educative counselling, training or development;
• written undertakings that inappropriate behaviour has ceased; and
• measures to prevent further contact with students or Staff Member and Relevant Persons.

12. Confidentiality and Record-Keeping

The University is committed to maintaining the sensitivity and confidentiality of all parties involved. Information will be only be disclosed on a need-to-know basis. 

13. Reporting to Police and/or External Agencies 

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

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

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

14. Review and Continuous Improvement

The implementation of this Procedure will be regularly monitored to ensure compliance and effectiveness. An annual review will be conducted in line with the University’s commitment to continuous improvement. De-identified data will be analysed to identify trends and inform future policy and procedural updates.

15. Related information

•        Prevention of Sexual Harm and Response Policy  
•        People, Culture and Integrity Policy  
•        Complaints Management Guidelines
•        How to raise an incident/hazard
•        People and Culture Manual
•        Preventing Sexual Assault and Sexual Harassment webpage
•        Complaints and Feedback
  
•        Safer Community  
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•        Safer Community online reporting form
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