Definitions

A Report is information provided to JCU about an incident or suspected wrongdoing that the person making the report believes to be Sexual Misconduct. A Report can be anonymous, and the person reporting is able to, 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 are processed through the completion of a Sexual Misconduct Report Form, and are recorded on the Incident Register.

Sexual assault is any unwanted or forced sexual activity without his or her consent. Assault occurs when a person:

• touches another person inappropriately without their consent – groping is a form of sexual assault;
• forces another person against their will to commit an act of gross indecency - a sexual act that does not involve penetration, for example a person forces another person to touch their genitals;
• forces another person to see an act of gross indecency, for example the person masturbates in front of the other person.

Rape is the most serious form of sexual assault, forcing someone to have sexual intercourse without his or her consent. Rape includes: (1) forcing someone to perform oral sex, digital penetration, and (2) inserting any object into the vulva, vagina or anus of another person without their consent.

Sexual harassment is an unwelcome sexual advance, unwelcome request for sexual favours or other unwelcome conduct of a sexual nature which makes a person feel offended, humiliated or intimidated, and where that reaction is reasonable in the circumstances.

It may include:

• displays of sexually graphic materials including posters, cartoons or messages left on noticeboards, desks or common areas;
• repeated invitations to go out after prior refusal;
• unwelcome and uncalled for remarks or insinuations about a person's sex or private life;
• suggestive comments about a person's appearance or body;
• sexually offensive phone calls;
• offensive e-mails and text messages;
• unwanted sexual attention using internet, social networking sites and mobile phones;
• sexually offensive screensavers or posters;
• a publication such as sexually offensive emails or graphics;
• threats online;
• revenge porn;
• physical contact such as patting, pinching or touching in a sexual way;
• unnecessary familiarity such as deliberately brushing against a person;
• sexual propositions;
• indecent exposure;
• stalking;
• pressuring a student to engage in sexual behaviour for some educational or employment benefit; or
• making a real or perceived threat that rejecting sexual behaviour will carry a negative consequence for the student in education, on-campus residence, or University program or activity.

Sexual harassment is unlawful when it falls within the relevant statutory definition under the Anti-Discrimination Act 1991 (Qld) and/or the Sex Discrimination Act 1984 (Cth). Indecent exposure and stalking are criminal behaviours.