Policy Corporate Governance Gender-based Violence and Sexual Misconduct Policy

Gender-based Violence and Sexual Misconduct Policy

Policy
Procedures
Other related documents

Intent

This Policy establishes the expectation that all members of James Cook University (JCU; the University) Council, students, staff and Affiliates (the University Community) work, research, study, live and socialise in an environment based on inclusivity and respect, free from Gender-based Violence and Sexual Misconduct.

The Policy ensures all members of the University Community understand:

a. the University’s commitment to prevention and providing support;

b. Reporting and Complaint handling principles;

c. how to access support mechanisms and safety planning; and

d. required accountabilities.

This Policy addresses Higher Education Standards Framework (HESF) Standards 2.2: Diversity and Equity, 2.3 Wellbeing and Safety, and 2.4 Grievances and Complaints.

Scope

This Policy applies in any incident of Gender-based Violence or Sexual Misconduct involving a member of the University Community regardless of where (on University premises or elsewhere) or when, the incident occurred.

The University acknowledges that a member of the University Community may experience behaviour that constitutes Gender-based Violence or Sexual Misconduct whilst undertaking official duties at locations outside of the University and/or by an individual not connected with the University. The University will liaise with the responsible authority to ensure proper reporting and complaint procedures are followed, and will provide accommodations and support services to the person subjected to the behaviour.

Definitions

Except as otherwise specified in this policy, the meaning of terms used in this policy are as per the Learning and Teaching Policy Glossary and the Human Resources Policy Glossary.

Accommodations	Are actions that the University can take to allow a person who has made a Report or Complaint of Gender-based Violence or Sexual Misconduct to continue to study, work, live and/or socialise, and feel safe at the University. Accommodations may include: changes to class scheduling, assessment, reporting lines (including HDR supervisory arrangements), or on-campus accommodation; the provision of short-term emergency housing; temporary or long-term work or workplace reassignment. Accommodations can be made in response to any report of Gender-based Violence or Sexual Misconduct and do not constitute a form of disciplinary action involving a Respondent.
Complaint	Complaint means a complaint pursuant to the Gender-based Violence and Sexual Misconduct Procedure. A Complaint process involves providing relevant information seeking disciplinary action or other resolution against a Respondent(s). A Complaint is different to a Report (which is defined below).
Complainant	A person(s) who makes a Complaint under this Policy.
Consent	Consent means the free and voluntary agreement to conduct or acts given by a person with the cognitive capacity to do so. Consent cannot be given by a person under 16 years of age or by a person that is: subjected to threats, intimidation, or force; asleep or unconscious, or is so affected by alcohol or another drug as to be incapable of consenting; subjected to the exercise of authority; under false or fraudulent representations about the nature or purpose of the conduct or activity, including about the identity of other persons involved.) Consent can be withdrawn at any point, including during the conduct or acts in question. A lack of resistance to the conduct or acts, or a failure to verbally object to the conduct or acts, does not constitute Consent. Consent to prior conduct or acts does not constitute Consent to future conduct or acts.
Disclosure	A disclosure is the act of telling someone that Gender-based Violence, sexual harassment or sexual assault has occurred, been experienced, witnessed, or suspected. A disclosure may be made to any member of the University Community, such as a friend, lecturer, Residential Assistant, or staff member. Guidelines on how to respond to a disclosure, refer a person to support and to make a Report are in the Gender-based Violence and Sexual Misconduct Procedure.
Domestic and Family Violence	As defined in the Domestic and Family Violence Protection Act 2012 (Qld), domestic and family violence means behaviour by a person (the first person) towards another person (the second person) with whom the first person is in a relevant relationship that: a. is physically or sexually abusive; or b. is emotionally or psychologically abusive; or c. is economically abusive; or d. is threatening; or e. is coercive; or f. in any other way controls or dominates the second person and causes the second person to fear for the second person’s safety or wellbeing or that of someone else.
Duty of Care	The University’s duty of care requires all staff, Affiliates and students to take reasonable care in order to avoid reasonably foreseeable harm that may arise. The safety and wellbeing of staff, Affiliates, students, volunteers and visitors is the first priority in any situation.
Enterprise Agreement	Enterprise Agreement means the James Cook University Enterprise Agreement 2022 and any subsequent enterprise agreement which replaces that agreement.
Gender-based Violence	Means any form of physical or non-physical violence; emotional or psychological abuse; verbal abuse or threats; stalking or monitoring; domestic and family violence; technology-facilitated abuse; or coercive control, that results in, or is likely to result in, harm, coercion, control, fear or deprivation of liberty or autonomy, and where such conduct is: Driven by unequal gender power relations (for example, coercive control by a male partner over a female partner); Connected to gendered expectations or stereotypes (for example, harassment of women in male-dominated workplaces, or abuse of men perceived as not conforming to masculine norms); or Extended to gender identity or expression (for example, violence against transgender or non-binary students or staff).
Hazing	Any action or situation, with or without the consent of the participants, which recklessly, intentionally, or unintentionally endangers the mental, physical, or academic health or safety of staff or students. Hazing can include the practice of rituals, challenges, and other activities as a way of initiating a person into a group including a new residential college, team, or club.
Incident Register	A confidential register that is maintained by the Chief of Staff. All Reports and Complaints of Gender-based Violence or Sexual Misconduct are recorded on the Incident Register to enable the University to identify patterns in behaviours, or high-risk University activities or premises, and to monitor progress in eliminating Gender-based Violence, Sexual Assault or Sexual Harassment.
Inquiry	Means the process undertaken by or on behalf of the University to gather and review information relating to a Complaint, for the purpose of establishing whether there is sufficient evidence to form specific allegations of misconduct under the Gender-based Violence and Sexual Misconduct Procedure. An Inquiry does not make findings of fact or determine whether misconduct has occurred.
Inquiry Officer’s Report	Means a report provided to the Director, Human Resources or Director, Student Services and Support (as appropriate) making a recommendation as to whether an allegation letter should be issued to a Respondent. The Report should contain reasons for the recommendation and include documentary evidence relied upon in arriving at the recommendation, including for example relevant documents, transcripts of witness interviews and/or witness statements.
Investigation (of a Complaint)	Means the process undertaken by the University upon receipt of a Complaint of Gender-based Violence or Sexual Misconduct involving a student or staff member. An Inquiry Officer may be appointed to gather and review information and prepare a report for the relevant Director (either the Director, Student Services and Support or the Director, Human Resources). Based on that report, the Director determines whether sufficient evidence exists to issue allegations, considers any response from the Respondent, and makes a determination on the balance of probabilities, applying the relevant Code of Conduct or industrial instrument to decide any disciplinary outcomes.
Natural Justice/Procedural Fairness	Procedural fairness is concerned with the procedures used by a decision maker, rather than the decision that the decision-maker reached. It requires fair and transparent processes be used when making a decision. These processes will include: The right to be heard; The right to be treated without bias; and A decision is based on reliable, relevant and sufficient evidence.
Precautionary Measures	Precautionary Measures are reasonable and proportionate measures, actions, or directions which the University may make on an interim-basis in relation to a member of the University Community who is alleged to have engaged in Gender-based Violence and/or Sexual Misconduct in breach of the Gender-based Violence and Sexual Misconduct Policy. Precautionary Measures include, but are not limited to: suspension of the Student or Staff Member from a University activity, facility or land; a direction that the Student or Staff Member is to remain a certain distance away from the Complainant and/or any other person; a direction that the Student is to temporarily leave on-campus accommodation. They may be implemented at any stage of a Report or Complaint process including before a final decision is made by an internal or external decision maker.
Relevant Relationship	As defined in the Domestic and Family Violence Protection Act 2012 (Qld), a ‘relevant relationship’ means: a. an intimate personal relationship; or b. a family relationship; or c. an informal care relationship.
Report	Information provided to the University about an incident or suspected wrongdoing that the person making the report (a person subjected to the behaviour, or someone who has received a disclosure, or become aware of by other means) believes may be Gender-based Violence or Sexual Misconduct. A Report can be anonymous, and the person reporting may, but does not have to, identify the other person/people involved. The University can provide support to a person making the Report (if they have identified themselves) including Accommodations and Precautionary Measures, and advice about making a Complaint. Reports may be made to a JCU Respect Misconduct Officer or through the completion of a Gender-based Violence and Sexual Misconduct Report Form and recorded on the Incident Register.
Representative (or Support Person)	A Representative (also referred to as a Support Person) is a person who is permitted to accompany and support a Complainant, Respondent or interviewee in their participation in matters relating to this policy and supporting procedures. A Representative may be a friend or family member of a student or staff member, or a delegate or staff member of a union that is a party to the JCU Enterprise Agreement, or a JCU Student Association Student Advocate (as relevant). A Representative must not be a person named in the Complaint.
Respondent(s)	A person(s) responding to a Complaint.
Sexual Assault	Any sexual act or behaviour without Consent. It includes but is not limited to: physical contact of a sexual nature, done without Consent (e.g. groping, pinching, touching in a sexual way); sexual acts not involving penetration, done without Consent (e.g. forcing a person to touch the other person’s genitals); performing sexual acts in front of another person without their Consent (e.g. masturbating in front of the other person); sexual acts involving penetration, done without Consent (e.g. oral sex, inserting any object into the vulva, vagina or anus).
Sexual Harassment	Any unwelcome sexual advance, unwelcome request for sexual favours or other unwelcome conduct of a sexual nature that is done with the intention to offend, humiliate or intimidate another person, or which a reasonable person would anticipate would offend, humiliate or intimidate another person. It includes but is not limited to: displays of sexually graphic materials including screensavers, posters, cartoons or messages left on noticeboards, desks or common areas; repeated invitations to develop a closer or intimate relationship after prior refusal; unwelcome remarks or insinuations about a person's sex or private life; comments of a sexually suggestive nature; offensive e-mails and text messages of a sexual nature; unwanted sexual attention using internet, social networking sites and mobile phones; image-based abuse and technology facilitated abuse; indecent exposure; stalking; pressuring a student or staff member to engage in sexual behaviour, including for some educational or employment benefit; or making a real or perceived threat that rejecting sexual behaviour will carry a negative consequence for the person in education, accommodation, or University programme or activity. Harassment that arises from a person’s sex or gender identity, as a personal characteristic, is managed under the Code of Conduct. This Policy addresses sexual harassment, which involves conduct of a sexual nature.
Sexual Misconduct	Means Sexual Harassment or Sexual Assault.
Gender-based Violence and Sexual Misconduct Report Form	A form that can be used to Report an incident of Gender-based Violence, Sexual Assault or Sexual Harassment to JCU. It is available at https://www.jcu.edu.au/safety-and-wellbeing/sexual-harassment-and-sexual-assault and through the JCUSafe app.
JCU Respect Misconduct Officer	An individual(s) appointed by the University to provide a single point of contact for a person who has made a Report or Complaint related to Gender-based Violence or Sexual Misconduct. These University officers can facilitate Accommodations and Precautionary Measures. JCU Respect Misconduct Officers at the University are appointed by the Chief of Staff.
Trauma-Informed	Means processes and practices that emphasise the physical, psychological and emotional safety of, and the importance of trust, choice and control for, persons who have experienced trauma, including trauma caused by experiencing or witnessing Gender-based Violence, Sexual Assault or Sexual Harassment. A trauma-informed and victim-centred approach minimises the risk of re-traumatisation and promotes recovery and healing to the greatest extent possible.
University Community	University Community means the members of the Council, the Staff, the Students and Affiliates of the University, as well as those who use the University's campuses or facilities for working, studying, living and socialising, or other authorised activity.
Vexatious	A complaint is deemed to be vexatious if it is: dishonest or contains intentionally misleading information; malicious; pursued with undue persistence; without fair or reasonable grounds; has the intent to harass or cause delay or detriment; or is pursued in a manner that threatens, menaces or harasses a member of the Council, the Staff, the Students or an Affiliate of the University.

Principles

1. All members of the University Community have the right to work, research, study, live and socialise (as relevant) in an environment that is based on inclusivity and respect and is free from Gender-based Violence and Sexual Misconduct.

2. JCU is committed to supporting all members of the University Community who have experienced or witnessed Gender-based Violence and/or Sexual Misconduct, and recognises that domestic or family violence and sexual misconduct is not acceptable to the community.

3. JCU acknowledges that:

The University’s response to Sexual Assault is integrated with the specialist Sexual Assault Support Services. The University has referral protocols in place with the Sexual Assault Support Services and works together with the Services to meet the needs of Students and Staff. The University will provide additional and complementary support services.
Gender-based Violence, Sexual Assault and Sexual Harassment may be perpetrated or experienced by people of any sex, sexual orientation, gender identity or transgender status and may be a single incident or a persistent pattern of unwelcome behaviour.
Gender inequality provides the underlying social conditions for Gender-based Violence, Sexual Harassment and Sexual Assault. These behaviours are overwhelmingly perpetrated by men, and women are overwhelmingly the victims.
Gender-based Violence, Sexual Harassment and Sexual Assault often occurs in relationships of unequal power or authority, although it may also take place between peers, and it is important to recognise vulnerable groups experiencing intersecting barriers or inequities including:
- young women
- older women
- Indigenous women
- people from non-English-speaking backgrounds
- people with disabilities
- lesbian, gay or bisexual people
- trans and gender diverse people
- people working or learning in non-traditional areas
- women working in isolated areas.
JCU takes a Victim-centred and Trauma-informed approach to dealing with Reports and Complaints regarding Gender-based Violence and Sexual Misconduct to provide safe and culturally-informed resolution. The University supports any person to make a decision about making a Report or Complaint to the University. The University understands the decision to make a Complaint can be complex. The University will ensure that there are single points of contact whenever possible. Individual wellbeing and avoiding further harm are key drivers in any response.

4. The University recognises that:

Students and staff affected by domestic and/or family violence may suffer significant physical impacts, and impacts on well-being, connection and stability, including loss of work and educational opportunities and disruption to their lives; and
the impact of this violence is not restricted to private life and can extend to the workplace or learning environment.

Policy

5. Prohibition of Gender-based Violence and Sexual Misconduct

5.1 Members of the University Community must not engage in conduct that constitutes Gender-based Violence or Sexual Misconduct:

5.1.1 directed towards another member of the University Community; or

5.1.2 which otherwise has the potential to affect their suitability to continue as a member of the University Community having regard to the wellbeing and safety of other members of the University Community.

5.2 University resources must not be used to perpetrate, facilitate or support any form of Gender-based or domestic and family violence, including behaviour that threatens, harasses, victimises or abuses another person. Misuse of resources in this manner may constitute serious misconduct, particularly where such use contravenes a protection order or other legal obligation.

5.3 Engaging in such conduct is a breach of this Policy and related University policies, including the respective Codes of Conduct, the Digital Technology Acceptable Use Policy and Procedures, and the Social Media Policy. Such conduct may also constitute a criminal offence.

5.4 Assault and Sexual Assault of a child (an individual under 18 years of age) is Child Abuse and constitutes a criminal offence with mandatory reporting requirements. All disclosures involving people under 18 years of age must be referred directly to the Chief of Staff immediately for reporting to relevant authorities as per the Child Safety and Child Abuse Response and Reporting Procedure. Certain staff at the University also have mandatory reporting obligations as part of their professional practice (e.g. doctors, registered nurses, registered teachers).

6. Prevention Measures

6.1 JCU uses educative approaches for the prevention of Gender-based Violence and Sexual Misconduct to inform members of the University community of their rights and responsibilities, to encourage the reporting of behaviour, practices or publications that contravene this Policy, and ensure the University’s systems and processes are not discriminatory. These educative approaches include the mandatory completion of the JCU Respect online module as follows:

6.1.1 New members of Council, staff and Affiliates must complete the module as part of their induction process (and no later than three months after their commencement).

6.1.2 Ongoing staff must complete the module every three years.

6.1.3 Students must complete the module before the end of their first study period of enrolment.

6.1.4 Staff involved in gender-based violence prevention, response or disclosure management must complete annual refresher training and any supplemental modules released to support trauma-informed practice and effective response to disclosures.

6.2 Completion of the JCU Respect online module is a condition of employment or enrolment as relevant.

6.3 Cohorts at higher risk of sexual harassment and sexual assault – i.e. on campus residents and Higher Degree by Research (HDR) candidates and HDR supervisors – are also required to complete a Respectful Relationships workshop.

6.4 A confidential exemption process, managed by the JCU Respect Misconduct Officers, is in place for those unable to complete the module or workshops.

7. Addressing Gender-based Violence and Sexual Misconduct

7.1 JCU encourages any person who has experienced or witnessed Gender-based Violence or Sexual Harassment or Sexual Assault by, or directed towards, a member of the University Community to make a Report of the incident.

7.2 Gender-based Violence and Sexual Misconduct are addressed through the Gender-based Violence and Sexual Misconduct Procedure.

7.3 Support for students and staff experiencing Domestic and Family Violence is addressed through the Domestic and Family Violence (Student Support) Procedure or the Domestic and Family Violence (Staff Support) Procedure as applicable.

7.4 In all cases involving Gender-based Violence or Sexual Misconduct, the University does not expect nor suggest that the person who is subject to the Violence or Sexual Misconduct needs to address the behaviour directly with the alleged perpetrator. Processes related to Alternative Dispute Resolution, such as conciliation or mediation which may be used in response to other forms of misconduct are not considered appropriate in these cases. The University is committed to ensuring a culturally informed response that supports stability and wellbeing.

7.5 The University requires members of the University Community to confidentially disclose to a JCU Respect Misconduct Officer or any allegations of, or court proceedings involving, domestic and family violence orders in which they are the Respondent to ensure reasonable adjustments to study or work may be made as well as access to counselling or Employee Assistance Program support as relevant.

7.6 Members of the University Community will not be victimised or otherwise disadvantaged for providing information about or supporting a person who is experiencing domestic or family violence.

7.7 There is a difference between making a Report and making a Complaint to the University for Gender-based Violence, Sexual Harassment or Sexual Assault. As detailed in the Gender-based Violence and Sexual Misconduct Procedure, the University will provide options to people who have been affected by, or have witnessed, Gender-based Violence or Sexual Misconduct and who wish to notify the University of the event(s).

7.8 JCU Respect Misconduct Officers are an integral part of the University’s response to Gender-based Violence and Sexual Misconduct, supporting any person subjected to these behaviours who has received a disclosure of Gender-based Violence or Sexual Misconduct, or who may have observed Gender-based Violence or Sexual Misconduct, and can facilitate Accommodations in response to a Report or Complaint. Accommodations may be amended or removed at any time.

7.9 The Director, Student Services and Support, Director, Human Resources, Chief of Staff, or a JCU Respect Misconduct Officer, may implement Precautionary Measures in response to a Report or Compliant, and these may be amended or removed at any time.

7.10 The University will undertake a risk assessment in response to all Reports or Complaints of Gender-based Violence or Sexual Misconduct and manage and monitor any identified risks on an ongoing basis. All Reports and Complaints of Gender-based Violence and Sexual Misconduct are recorded on the Incident Register managed by the Chief of Staff to enable JCU to identify patterns in behaviours, or areas of the University, and to monitor progress in eliminating Gender-based Violence and Sexual Misconduct.

8. Support services and resources

8.1 The following support services and resources are available to members of the University Community who experience Gender-based Violence, Sexual Assault or Sexual Harassment. The University promotes support options that are holistic, culturally informed and empowering for those affected.

8.1.1 Specialist Sexual Assault Support Services

If you have been Sexually Assaulted and have not accessed the nearest hospital emergency department or Police, please contact the service that is local to you. Full details of specialist Sexual Assault Support Services are maintained on the JCU Safety and Wellbeing website or the JCUSafe App.

8.1.2 Specialist Domestic Violence Support Services

If you have been assaulted within a relationship and have not accessed the nearest hospital emergency department or Police, please contact the domestic violence crisis service that is local to you.

Full details of specialist Domestic Violence Support Services are maintained on the JCU Safety and Wellbeing website or the JCUSafe App.

8.2 University Support. The University understands that if a member of the University Community presents having experienced Gender-based Violence and/or Sexual Assault and/or Sexual Harassment and requires crisis and ongoing care, it is best practice for the University to assist the person to access the specialist Sexual Assault or Domestic Violence Support Services.

8.3 The University provides immediate support services, and these may be complementary to the specialised service delivery provided by community based agencies.

Immediate support services include:

8.3.1 University Security is available 24/7 to report any immediate security incident or behaviour via the JCUSafe App or 07 4781 5555, and they can coordinate any emergency services responses as necessary (Police, Ambulance).

8.3.2 JCU Respect Misconduct Officers provide a single point of contact at JCU for a person who has been subjected to Gender-based Violence, Sexual Assault or Sexual Harassment, or to any person supporting them. JCU Respect Misconduct Officers will facilitate access to the Specialist Sexual Assault Services or Domestic and Family Violence Services and can arrange Accommodations and Precautionary Measures so that a person is able to continue with their studies or work. JCU Respect Misconduct Officers also support anyone to make a Report, or Complaint to the University, and their full contact details at: https://www.jcu.edu.au/safety-and-wellbeing/sexual-harassment-and-sexual-assault/sexual-misconduct-officers or via the JCUSafe App.

8.4 A student or staff member experiencing violence and/or abuse in their domestic or family life that may adversely impact on their attendance and/or performance in their employment or in their studies at JCU will not be disadvantaged. The University will provide this support by:

8.4.1 coordinating existing support services available at JCU (see clause 8.7);

8.4.2 flexible application of work and/or study arrangements;

8.4.3 co-operating with Police/Legal orders;

8.4.4 protecting staff and student health and safety when in the JCU workplace and learning environment; and

8.4.5 any other supports, accommodations or adjustments that are appropriate and able to be offered by JCU, in the circumstances.

8.5 The University has a range of support services for staff and students, including those in residential accommodation on campus, to support this Gender-based Violence and Sexual Misconduct policy including:

Staff Counselling. Staff are able to seek confidential and free counselling service support from the Employee Assistance Program (EAP) available to JCU Staff and immediate family. Contact: 1800 604 640 or via Telus Health.
Student Counselling. Students are able to seek general confidential counselling services and support from the Student Equity and Wellbeing staff. The services operate between the hours of 9am – 4pm. Contact 1800 246 446 or via studentwellbeing@jcu.edu.au.
JCU Student Association Advocates. Students are able to contact a JCU Student Association Advocate and Welfare Officer who can provide free information, advocacy and referral on a range of issues relating to students. Contact: 1800 330 021.
Residential College staff including the Principal, Deputy Principal, Manager Halls of Residence, Support Officers or Residential Assistants can provide pastoral care, support, and referral and also guidance on University policy and procedure.

8.6 JCU’s Safety and Wellbeing website provides a range of online resources to students and staff in relation to safety and wellbeing, including information on consent, sexual assault, and pathways to Report or make a Complaint to the University.

9. Accountabilities and responsibilities

9.1 Every member of the University Community is responsible for taking reasonable care of the health and safety of others and their own health and safety.

9.2 Any member of the University Community who observes Gender-based Violence Sexual Harassment or Sexual Assault, if they are able to, and it is safe to do so, should intervene to seek to prevent the conduct, and then report the behaviour.

9.3 Managers and Supervisors: Members of the University Community in management or supervisory positions at the University should:

ensure they take appropriate action to address or remedy the situation expeditiously, including making a Report, when an instance of Gender-based Violence or Sexual Misconduct is brought to their attention;
ensure that other members of the University Community under their supervision, are familiar with and understand their obligations under the University’s policies and procedures, and undertake mandated training where required;
monitor workplace behaviours to ensure compliance with policies; and
seek the advice of the JCU Respect Misconduct Officers if an incident of Gender-based Violence or Sexual Misconduct is identified.

9.4 Director, Human Resources (HR): The Director, HR has accountabilities and responsibilities under the Gender-based Violence and Sexual Misconduct Procedure, where the Respondent to a Complaint is a staff member or Affiliate.

9.5 Director, Student Services and Support: The Director, Student Services and Support has accountabilities and responsibilities under the Gender-based Violence and Sexual Misconduct Procedure, where the Respondent to a Complaint is a student.

9.7 Chief of Staff: The Chief of Staff will facilitate consistent provision of education, information and response across the staff and student domains for Gender-based Violence and Sexual Misconduct, appoint and support JCU Respect Misconduct Officers, manage key relationships with specialist sexual assault support services and domestic and family violence support services, counselling and wellbeing services, security services, and residential colleges, and to ensure safe, culturally informed, quality, consistency and coherence in the implementation of the University’s prevention measures.

9.9 JCU Respect Misconduct Officers: Are responsible for provision of support matters to any staff member or student relating to Gender-based Violence and Sexual Misconduct, and support for a person who has made a Report or Complaint of Gender-based Violence, Sexual Harassment or Sexual Assault, or who may be responding to an allegation of Gender-based Violence or Sexual Misconduct, and has other responsibilities set out in this Policy and the Gender-based Violence and Sexual Misconduct Procedure, for both staff and students.

10. Record keeping

10.1 Matters relating to Gender-based Violence and Sexual Misconduct are confidentially managed, stored and archived in accordance with this Policy, Records Management and Information Privacy Policies. Matters are kept strictly confidential except in exceptional and very limited circumstances, where there is an immediate and serious risk to any individual’s health or safety, or where disclosure is required by legislation.

10.2 Personal information provided by staff or students to the University concerning issues of gender-based violence including domestic or family violence, sexual harassment or sexual assault will be used solely for the purpose of assessing that individual's needs and determining and applying any appropriate support mechanisms, accommodations, safety planning, or complaint processes as required and agreed between JCU and the staff member or student.

Related Policy Instruments

Statement of Commitment to the Elimination of Sexual Harassment and Sexual Assault and Gender-based Violence

Gender-based Violence and Sexual Misconduct Procedure

Code of Conduct - University Council

Staff Code of Conduct

Conflict of Interest Policy

Student Code of Conduct and Misconduct Procedures

Higher Degree by Research Policy

Social Media Policy

Digital Technologies Acceptable Use Policy

Student Complaint Policy and Procedures

JCU Enterprise Agreement

Domestic and Family Violence (Staff Support) Procedure

Domestic and Family Violence (Student Support) Procedure

Safety and Wellbeing

Approval Details

NOTE: Printed copies of this policy are uncontrolled, and currency can only be assured at the time of printing.

Approval Details

Policy Domain	Corporate Governance
Policy Sub-domain	Culture
Policy Custodian	Vice Chancellor
Approval Authority	Council
Date for next review	04/12/2028

Review History

Version	Approval date	Implementation date	Details	Author
26-1	19/03/2026	26/03/2026	Amendment to definition of Representative per recommendations from the National Student Ombudsman.	Chief of Staff
25-1	04/12/2025	01/01/2026	Major review to incorporate Gender-based Violence in response to the National Higher Education Code to Prevent and Respond to Gender-based Violence, disestablishment of the Domestic and Family Violence Policy, and incorporation of Bullying, Discrimination and Harassment into the Staff and Student Codes of Conduct.	Chief of Staff
23-2	06/09/2023	06/09/2023	Minor amendment to definition of Discrimination, and to Principle 3 to better capture intent to include ethnicity, immigration status and transgender status.	Sustainability Officer; Chief of Staff
23-1	05/05/2023	12/05/2023	Amendments to incorporate the responsibility of Chief of Staff to facilitate consistent university prevention and response work in the domain of Sexual Misconduct, the requirement to attend Respectful Relationships workshops, and other minor changes.	Chief of Staff
20-1	08/05/2020	11/06/2020	Full approval by Council. Amendments to incorporate the completion of the JCU Respect Online Module as compulsory requirement of ongoing enrolment and employment and to incorporate requirements of Council members.	Chief of Staff
20-1	03/02/2020	04/02/2020	Interim approval granted by Acting Vice Chancellor. Amendment to incorporate the completion of the JCU Respect Online Module as a compulsory requirement of ongoing enrolment and employment.	Chief of Staff
18-1	17/08/2018	20/08/2018	Major review including increase in definitions, identification of procedures for sexual harassment and sexual assault and new roles of Sexual Misconduct Officers	Chief of Staff
17-3	23/10/2017	26/10/2017	Minor amendment to clause 1.1, changed ‘respondent’ to ‘complainant’	Chief of Staff
17-2	07/09/2017	22/09/2017	Changes to definition of Sexual Harassment as approved by Council 07/09/2017	Chief of Staff
17-1	25/07/2017	26/07/2017	Major review, changes made to Discrimination and Harassment Policy including name change and change of policy domain.	Vanessa Cannon, Chief of Staff

Keywords	Gender-based Violence misconduct, serious misconduct, sexual harassment, sexual assault, respondent, complainant, gender equity, domestic and family violence
Contact Person	Chief of Staff

Gender-based Violence and Sexual Misconduct Procedure

Appendix 1 - Guideline for Responding to Disclosures of Sexual Assault

Appendix 2 - Guideline for Responding to Disclosures of Sexual Harassment

Appendix 3 - Guideline for Responding to Disclosures of Gender-based Violence