(1) This Policy affirms Victoria University's (VU) commitment to: (2) HESF: Standard 2.3 Wellbeing and Safety (3) ESOS: Standard 5 Younger overseas students; Standard 6 Overseas student support services (4) Standards for Registered Training Organisations (RTOs) 2015 (Cth) (5) This Policy applies to: (6) This Policy only applies to disclosures by a person who is a staff member, contractor, student, or former student (as defined under section 2(b) of this Policy) of the University. Persons who are not a staff member, contractor, student or former student (as defined under section 2(b) of this Policy) are encouraged to refer their allegation to the Police. (7) In all cases where a child is involved, the matter will be dealt with under the mandatory reporting obligations under section 327 of the Crimes Act 1958 (Vic), the Child Wellbeing and Safety Act 2005 (Vic) and Part 4.4 of the Children, Youth and Families Act 2005 (Vic), and those of other legislative schema such as the National Law under the Health Practitioners Regulation National Law Act 2009 . (8) Consent: Free agreement, made without coercion or as the result of deceit, by a person who is legally capable to give such agreement. Consent to sexual contact cannot be given by children, by people with an impairment which prevents them from providing legal consent (eg. Relevant medical condition). Consent can be withdrawn at any time during the act(s) in question, and only applies to each specific act and must be obtained in each instance. (9) Discloser: A person making a disclosure. (10) Disclosure: A statement that a person has been sexually assaulted on university premises or otherwise in connection to the university, however communicated. (11) Report: A report to police of behaviour which may constitute a criminal offence. (12) Respondent: The person whose behaviour is the subject of a disclosure or report. (13) (14) Victimisation: To subject or threaten to subject a discloser or someone supporting a discloser to any detriment for making a disclosure or supporting someone who has made a disclosure as the case may be. (15) Sexual assault is a crime and is not tolerated at VU. (16) VU will work to create an environment free of sexual assault as reasonably practicable. This includes, but is not limited to: (17) All member's of the VU community have the right: (18) As a member of the VU community, you have the responsibility: (19) The University acknowledges the experiences, needs and perspectives of distinct population groups, including, but not limited to: (20) Sexual assault is a crime which carries serious penalties if proven. It covers a range of sexual behaviours which take place without a person's consent, or where their consent has been obtained through deception or coercion, or where consent is withdrawn. This includes: (21) VU treats all disclosures of sexual assault seriously. (22) In addressing disclosures of sexual assault: (23) People making disclosures should not suffer adverse consequences or reprisals from VU or any of its staff as the result of making a disclosure. If victimisation occurs, VU will take steps to address it. (24) If someone makes a disclosure of sexual assault to you, you must, to the best of your ability: (25) A disclosure is not a complaint and is not investigated as one. A person who makes a disclosure may or may not proceed to make a police report. (26) If you have witnessed a sexual assault or possible sexual assault, or have heard credible reports from others that a sexual assault may have taken place, you should discuss your concern with the relevant area as detailed in Clause 21(d). (27) Your discussion will be treated with the same degree of appropriate confidentiality as a disclosure from an individual who has been sexually harassed would be. (28) If you are sexually assaulted at VU, you are strongly encouraged to disclose the matter. You may choose to: (29) In rare cases, in the event that you do not wish to make a police report but there is a strong concern that a report is required in order to prevent a further crime from occurring or to prevent harm to you or to others, VU may still proceed to make a police report. (30) Where a matter is referred to Victoria Police, VU will cooperate fully with the police inquiry. (31) If VU determines it necessary to protect the safety and wellbeing of the person who has made an allegation against you, you may be subject to measures while a police investigation is ongoing, and/or upon advice from a CASA (Centre Against Sexual Assault) including: (32) Disciplinary action will also be taken against anyone who retaliates against or victimises a person who has made a disclosure or police report. (33) After finalisation of any police action or advice from CASA, VU will continue to provide assistance and support measures as required to: (34) If you are charged and found guilty of committing a sexual assault and VU determines there is a continuing risk to the person who has made a disclosure or police report, you may be subject to disciplinary action under the relevant University Policy. (35) Sexual Assault Response Procedure. (36) Nil.Sexual Assault Response Policy
Section 1 - Summary
Top of PageSection 2 - HESF/ASQA/ESOS ALIGNMENT
Section 3 - Scope
Section 4 - Definitions
Section 5 - Policy Statement
Part A - What is Sexual Assault?
Part B - When Sexual Assault Occurs
Disclosures
Disclosures by witnesses or people who have heard of assaults
If you have been sexually assaulted
If an allegation is made that you have sexually assaulted someone
After a matter is completed
Section 6 - Procedures
Section 7 - Guidelines
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