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(1) The University is committed to ensuring a fair, safe and respectful working and learning environment and to preventing and addressing all forms of sexual harassment and sexual assault. (2) Such behaviour is a breach of the Code of Conduct - Staff and the Code of Conduct - Student and is prohibited. (3) This Policy outlines the University’s approach to preventing such behaviour and to responding to disclosures and complaints made by staff or students about sexual harassment and sexual assault. (4) The Policy is to be read in conjunction with the related Resolution Procedures for Sexual Harassment, Sexual Assault and Discrimination Related Complaints. (5) The policy applies to all members of the QUT community, whether students, staff or other community members, while undertaking any activity in their QUT capacity or while engaged in any activity which impacts on QUT or other members of the QUT community. (6) For the purposes of this Policy: (7) The Policy reflects the University’s commitment to preventing all forms of sexual harassment and sexual assault, supporting individuals who are affected by sexual harassment or sexual assault and responding promptly and effectively when such behaviours are identified or complaints are made. This Policy and the related Resolution Procedures for Sexual Harassment, Sexual Assault and Discrimination Related Complaints aim to: (8) A student or staff member who has concerns about sexual harassment or sexual assault may make a disclosure or a complaint. (9) Students or staff are encouraged to approach specialist staff in Equity who can listen to concerns, provide support and advice about options, and liaise with other organisational areas if necessary to access assistance. (10) Any person can make a report to the police or other external agency such as the Queensland Human Rights Commission or the Human Rights Commission at any time. (11) Disclosure is an option available under this Policy or the related procedures to seek access to support, advice about options, and assistance but where the person is not seeking investigation or other action by the University in relation to the matter. Support will be provided to students and staff to make an informed choice about actions they wish to take, if any. (12) Students or staff may decide to proceed with a complaint. A complaint is a formal option available to a person seeking access to support, advice about options and assistance but where the person is also seeking action by the University to intervene or resolve the matter. When a complaint is lodged the respondent must be provided with the opportunity to respond to the allegations in accordance with natural justice and procedural fairness. (13) Complaints will be dealt with in accordance with QUT’s Resolution Procedures for Sexual Harassment, Sexual Assault and Discrimination Related Complaints.Sexual Harassment and Sexual Assault Policy
Section 1 - Purpose
Section 2 - Application
Top of PageSection 3 - Roles and Responsibilities
Top of Page
Section 4 - Principles and Aims
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Section 5 - Choices for Persons with Concerns about Sexual Harassment or Sexual Assault
Disclosures
Complaints
Section 6 - Definitions
Term
Definition
Complainant
Means any person who makes a complaint of sexual harassment or sexual assault in accordance with this Policy or the related procedures.
Consent
Respondent
Means a person whose conduct is the subject of a complaint or disclosure of sexual harassment or sexual assault under this Policy or the related procedures.
Sexual Assault
Sexual Harassment
Is any unwelcome sexual advance, unwelcome request for sexual favours or other unwelcome conduct of a sexual nature which makes a person feel offended, humiliated and/or intimidated, where a reasonable person would anticipate that reaction in the circumstances. It includes uninvited physical intimacy such as touching in a sexual way, uninvited sexual propositions, and remarks with sexual connotations. It can also include sexually offensive telephone calls, text messages, graphics, screen savers, posters, social media posts, emails or such communications via any other electronic media. Sexual harassment does not have to be deliberate or repeated to be unlawful. Some sexual harassment, such as sexual assault, indecent exposure and stalking is also a criminal offence.
Third Party Reporter
Is a person who makes a disclosure or seeks advice about behaviours observed or drawn to their attention by someone other than the complainant and such behaviour could amount to sexual harassment or sexual assault.
Trauma-informed
Refers to approaches and responses that demonstrate understanding and recognition of the impact of trauma, and emphasise physical, psychological and emotional safety, and the importance of empowerment and choice for those who have experienced sexual harassment or sexual assault. Responses are designed to avoid causing further harm, trauma or distress to those who report allegations of sexual harassment or sexual assault.
Victimisation