Notifying the University

The University is committed to reducing barriers to disclosing and reporting incidents of sexual assault and sexual harassment and respects the rights of the person who has been subjected to sexual assault or sexual harassment to decide whether to make a disclosure or report. The University encourages people to make a disclosure or report and will support the safety of those who do.

It's important you know that you have control of what action to take (including no action) and that you can change your mind at any time. You do not have to make a decision quickly and it is important that you make the decision that is right for you. Whatever you decide to do, you do not have to go through this alone. There are many support services available to you through UniSA and other external organisations.

 

Notify UniSA of an incident 

 

Disclosure is a form of complaint occurring when a complainant or another person tells someone about an incident/s, or a suspected incident/s, of sexual assault or sexual harassment directed towards them, or a member of the University Community. Disclosing is not the same as reporting but it enables referral of the complainant to appropriate support and information about their choices and options with regard to medical, legal and counselling support and other appropriate action in response.

If you wish to disclose an incident to the University, we encourage you to contact one of our Designated First Responders who are specially trained to respond to disclosures or reports of sexual assault and sexual harassment and can advise you of your options.

Once you have considered your options you may choose whether you wish to proceed with a formal report.

To disclose an incident of sexual assault or sexual harassment to UniSA, click here.

UniSA takes all allegations of sexual assault and sexual harassment seriously and has specific responsibilities when dealing with allegations made against students, and staff. We can and do investigate these reports. This can mean taking the appropriate action in conjunction with the Police, professional bodies or other government agencies.

If you wish to disclose or report an incident to the University, we encourage you to contact one of our Designated First Responders who are specially trained to respond to disclosures or reports of sexual assault and sexual harassment and can advise you of your options.

Once you have considered your options you may choose whether you wish to proceed with a formal report.

To report an incident of sexual assault or sexual harassment to UniSA, click here.

Investigation

  • If the respondent (the person whose actions you are making a report about) is a student, your report will be referred to the Director: Student Engagement Unit to initiate an investigation.
  • If the respondent is a staff member, your report will be referred to the Executive Director: People, Talent and Culture to initiate an investigation.
  • The person leading the investigation will contact you to explain how the investigation process works. You may be invited to have a meeting with an investigator to give them further information about your report. You will be provided with information about support options available to you. You will be given time to respond to any notes and to ask any questions throughout the investigation process.
  • During an investigation, the respondent will be provided with information about the report made against them and will be given time to provide a response to the investigator. The importance of confidentiality will be reinforced.
  • If needed, witnesses may also be interviewed as part of the investigation. Information will not be unnecessarily disclosed to witnesses and the importance of confidentiality will be reinforced.
  • If the respondent is a third party, your report will be referred to the Executive Director: People, Talent and Culture and you will be contacted to work through next steps, as the University can not formally investigate a third party.

All investigations will be undertaken in a manner that is trauma-informed and follows the principles of natural justice.

Confidentiality is strictly upheld during and after investigations of reports of sexual assault and sexual harassment, and victimisation (retaliation or intimidation for making a report) will not be tolerated. For more information about Policy and Procedures guiding investigations of reports, see here.

If the incident has been reported to the Police or to the Equal Opportunity Commission (EOC), we will not take any action that may compromise the police investigation. We will continue to make support resources available during this period. We may also take other interim measures to ensure your safety and that of other members of the UniSA community, following consultation with the Police or the EOC. 

On completion of the police or EOC investigation, the university may undertake appropriate actions in alignment with its policies, code of conduct and bylaws.

Decision

Information gathered during the UniSA investigation will be documented by the investigator and a report will be prepared. The decision about any action required, arising from the investigation, will be made by:

  • the Director: Student Engagement Unit if the respondent is a student; or
  • the Executive Director: People, Talent and Culture if the respondent is a staff member; or
  • the Managers or Supervisors of the relevant area(s), for any other contractual arrangements.

Outcome

Where it is determined that a complaint is substantiated, UniSA will decide upon the appropriate disciplinary actions aligned with:

  • appropriate bylaws and statues, if the respondent is a student;
  • the relevant enterprise agreement if the respondent is a staff member, or the relevant contract if the respondent has been engaged by the university under any other contractual arrangement.

 

Disclosing or reporting to the Police

Unless you are under the age of 18, only you can make a decision about reporting sexual assault to the Police. You can report an incident to the police at any time by calling 000 in an emergency or 131 444 (non-emergency). 

Police are well trained to provide assistance and advice to people who have been sexually assaulted and there are a range of reporting options available to you, including: 

  • Ask for more information: you may wish to talk to the police informally and/or anonymously over the telephone or in person before making a final decision. Details of the incident can still be recorded by the police without you having to identify yourself.
  • Make a report and request no further action: you can choose to talk to the Police, make a police incident report and then sign a form saying that you wish there to be no further investigation.
  • Make a formal report: if you choose to make a police incident report and provide a formal statement, Police may use your statement to try to apprehend, and where possible, charge the person who sexually assaulted you.  Your statement then becomes the basis of the police investigation and is a key part of any court proceedings.
  • Provide information anonymously without contacting the police personally: you can provide information anonymously to Police by completing a questionnaire that in no way identifies you as the complainant. If you are apprehensive about involving police, you are encouraged to make contact with Yarrow Place, Rape and Sexual Assault Service where you will be provided with information and choices about accessing medical and counselling services (call 1800 817 421).
  • Delaying your report to the Police: If you are apprehensive about involving police, you are encouraged to make contact with Yarrow Place, Rape and Sexual Assault Service where you will be provided with information and choices about accessing medical and counselling services (call 1800 817 421).  Forensic evidence can also be collected by specialist doctors from Yarrow Place and stored away for a period of time which allows you to make important decisions.  
  • Not reporting to the Police: If you are sure you do not want to report the incident to the Police at any time, then you can still access the support of the Yarrow Place, Rape and Sexual Assault Service.

When reporting the incident to the Police, they will discuss with you the need for a medical examination for evidentiary purposes. This examination will only take place with your consent. This is where a doctor conducts a thorough physical examination and collects evidence that may help the Police in building a case against the person who sexually assaulted you. The medical examination should take place as soon as possible. It is less likely as time passes that there will be any physical evidence for the doctor to collect.

Further information is available at the following website: http://voc.sa.gov.au/

Reporting sexual harassment to the Equal Opportunity Commission

Reports of sexual harassment can be made to the Equal Opportunity Commission (EOC) of South Australia on (08) 8207 1977.

You can visit the EOC website for details of the definitions of sexual harassment and the process for making complaints.

As a complainant, you have the right to withdraw your complaint at any stage of the process.  However, we may continue to act on the complaint to ensure your safety and that of other members of the UniSA community.