• Emergency assistance
• Notes on language
• Section 1 - Purpose
• Scope
• Section 2 - Policy
• Part A - Principles
• Part B - Framework for preventing and responding to gender-based violence
• Standard 1: Accountable leadership and governance
• Standard 2: Safe environments and systems
• Standard 3: Knowledge and capacity
• Standard 4: Safety and support
• Standard 5: Safe processes
• Standard 6: Data, evidence and impact
• Standard 7: Safe accommodation
• Part C - Responsibilities
• Section 3 - Procedures
• Section 4 - Guidelines and supporting documents
• Section 5 - Glossary
• Section 6 - Document context

Section 1 - Purpose

(1) Charles Sturt University (the University) is committed to providing a safe, inclusive, and respectful environment where its members can study, work and live free from gender-based violence, including sexual harm. This policy sets out the University's overarching principles and commitment:

1. preventing and responding to incidents of gender-based violence in relation to the University, and
2. providing support for students and staff who have experienced or are experiencing gender-based violence in any environment.

(2) This policy supports compliance with:

1. National Higher Education Code to Prevent and Respond to Gender-based Violence 2025 (GBV Prevention Code)
2. Higher Education Standards Framework (Threshold Standards) 2021 standards 2 and 6
3. National Code of Practice for Providers of Education and Training to Overseas Students 2018 standard 6
4. Sex Discrimination Act 1984 (Cth)
5. Fair Work Act 2009
6. Workplace Gender Equality Act 2012

Scope

(3) The policy applies to members of the University community (see Section 5 - Glossary) when engaged in University-related activities occurring on and off campus, including University-related social events and activities that use online platforms and/or social media. This includes, and is not limited to:

1. teaching, study and research at the University
2. the management or administration of the University
3. University-managed student or staff accommodation
4. sporting and recreational clubs and facilities to the extent that they fall within the University community
5. any University-related clinical, professional or practical work, including workshops, camps or field trips
6. any other activities sponsored, controlled or supervised by the University
7. activities on any University campus and all University controlled buildings, facilities, premises and equipment
8. activities using information or communication technologies associated with the University, such as online learning platforms and social media.

(4) Notwithstanding clause 3, reports of child abuse and/or any sexual offence or sexual misconduct involving children or young people under the age of 18 must be managed in accordance with the Child Safety Policy.

Section 2 - Policy

Part A - Principles

(5) Gender-based violence is any form of physical or non-physical violence, harassment, abuse or threats, based on gender, that results in, or is likely to result in, harm, coercion, control, fear or deprivation of liberty or autonomy.

(6) Gender-based violence is unacceptable and is not tolerated. All members of the University community have the right to be treated with dignity and respect, and to work or study in a safe environment.

(7) Reports of gender-based violence (recent or historic) that relate to University students, staff and others associated with the University community will be treated seriously.

(8) The University recognises that:

1. gender-based violence is driven by harmful social norms, gender stereotypes and gender inequalities; it can affect any person, regardless of their age, gender identity, socio-economic status, ethnicity, religion, sexual orientation, cultural background, ability, LGBTIQA+ identity or family structure
2. notwithstanding sub-clause a., gender-based violence disproportionately affects women, First Nations people, culturally and linguistically diverse communities, people with disability and people of diverse sexual orientation and gender identity, and the overlapping aspects of a person’s identity may increase risk and impact how they experience gender-based violence
3. the overlapping aspects of a person’s identity may increase risk and impact how they experience gender-based violence
4. the impact of gender-based violence is not restricted to an individual’s private life but can extend to their work or study environment, even where experienced outside of the University environment or where the experience(s) are historic.

(9) The University may implement targeted programs and strategies aimed at preventing or responding to gender-based violence in specific contexts, or amongst groups who are disproportionally affected, or where the University has specific legal obligations.

(10) In particular, programs, procedures and resources specific to sexual assault and sexual harassment (as distinct from other forms of assault, harassment or related topics) will ensure that prevention of and responses to these can be dealt with comprehensively.

(11) The safety and wellbeing of persons disclosing or formally reporting gender-based violence is the priority, and evidence-based, trauma informed and person-centred support services will be available to students, staff and, as far as practicable, others who disclose or report gender-based violence.

(12) Sexual assault, sexual harassment and other gender-based violence may constitute misconduct/serious misconduct and can be a valid reason for dismissal, exclusion or expulsion. Reports will be investigated and managed under the Student Misconduct Rule 2020 (for students), the Enterprise Agreement or Complaints Procedure - Workplace and contract of employment provisions (for staff), or other contracts or arrangements as relevant for other University community members (subject to the ‘Police investigations’ heading of the Sexual Harm Response Procedure - Students).

(13) Notwithstanding the principles above, violence in any form (physical or non-physical), regardless of who uses it, experiences it or the basis of it, is unacceptable. Anyone who experiences or witnesses any form of violence in relation to the University, is encouraged to report this. See the Bullying, Discrimination and Harassment Prevention Policy and/or Complaints Management Policy.

Part B - Framework for preventing and responding to gender-based violence

(14) The University supports the objects of the National Higher Education Code to Prevent and Respond to Gender-based Violence 2025 (the GBV Prevention Code) to reduce the incidences of gender-based violence in higher education and adopts the following approaches to enacting the standards set out in the GBV Prevention Code) .

Standard 1: Accountable leadership and governance

(15) University officers and bodies with accountability for leadership and governance in relation to gender-based violence are summarised here, and in further detail at Part C – Responsibilities.

1. The Vice-Chancellor, as the University’s principal executive officer, is accountable for compliance with the GBV Prevention Code) .
2. The Audit and Risk Committee is the University Council sub-committee responsible for receiving reports on student and staff safety and wellbeing.
3. Organisational units with specific areas of accountability and responsibility are:
   1. Division of Safety, Security and Wellbeing
   2. Division of People and Culture
   3. Division of Finance
4. All managers and supervisors (including teaching staff) are responsible for understanding the relevant policy and legislative requirements and making reasonable efforts to ensure that workplaces and study environments are respectful, safe and free from gender-based violence.

(16) The Gender-based Violence Prevention and Response Plan sets out the University’s whole-of-organisation approach to preventing and responding to gender-based violence, that prioritises the safety and support of students and staff wherever it is experienced, including in University student accommodation.

Standard 2: Safe environments and systems

(17) The University provides safe environments, accommodation and systems through prevention and response approaches.

(18) Prevention approaches:

1. Staff and students must comply with relevant training and Working with Children Check requirements under the Child Safety Policy.
2. Prospective employees and University Council members, and all student accommodation staff are asked to declare whether they have been investigated for an allegation of, or have been determined to have engaged in conduct that constitutes gender-based violence, in accordance with the Appointments Procedure - Recruitment and Selection and University Governance Framework ‘Part I - Selection, recruitment and appointment of Council members’ (see the Policy addendum - Gender-based violence provisions)
3. Subject to the nature of the work, the University adopts strategies to identify and manage risks arising from the engagement of persons to perform duties or functions on behalf of the University who are not employees (such as volunteers, visiting, adjunct or honorary appointments, contractors, consultants, labour-hire companies, etc) in accordance with the Contractor and Visitor Safety Management Procedure or Appointments Procedure - Visiting and Adjunct Appointments
4. Declarations made under the previous sub-clauses are considered when determining the person’s suitability for appointment or engagement to ensure that any risk arising is consistent with the University’s duty of care to students and staff.
5. Substantiated allegations or findings of gender-based violence against employees in the course of their employment, including student accommodation staff, are considered when determining the promotion, recognition and reward of employees in accordance with the Academic Promotion Procedure and other employee recognition and reward schemes (such as Charles Sturt University Excellence Awards Guidelines).
6. Employees must declare all existing or previous intimate and close personal relationships that create an actual, potential or perceived conflict of interest or could interfere with their official duties in accordance with the Conflict of Interest Procedure and Personal Relationships in the Workplace Guidelines. This may include intimate personal relationships with another employee or a student. Any existing or previous intimate personal relationship between student accommodation staff and residents of student accommodation that the University owns, operates or manages must be declared and managed.
7. Student wellbeing and safety is prioritised in physical and online teaching and learning environments – including sites of work integrated learning and clinical placements to ensure these are equitable, accessible, respectful and safe. Risks associated with work-integrated learning activities are identified and managed as per the Work-Integrated Learning Procedure [pending approval].

(19) Response approaches:

1. Alternative teaching, research, research supervision, employment or living arrangements are made as necessary to ensure the safety of students and staff in relation to gender-based violence allegations (see the Sexual Harm Response Procedure – Students)
2. Any agreement or settlement between the University and a discloser of gender-based violence will not:
   1. include a non-disclosure agreement unless this is requested by the discloser
   2. prevent the discloser from sharing their experience for the purpose of seeking support and advice
   3. prevent the University from complying with its reporting obligations under the Code
   4. contain a non-disparagement clause that could have the effect of requiring the discloser to keep their experience of gender-based violence confidential.
3. Disclosures and reports of gender-based violence are kept confidential, except where the discloser consents to information being shared or disclosed for a specific purpose, or where the University is obliged by law or otherwise to meet legal obligations or meet its duty of care to the discloser or another person. This may include:
4. reporting child protection breaches in accordance with the Child Safety Policy
5. reporting or disclosing reports of sexual assault or sexual harassment in accordance with the Sexual Harm Response Procedure - Students
6. reporting any suspected, alleged or known incidents of sexual exploitation, harassment or abuse in relation to the University’s award courses that involve students, their family or children, staff, partners, in accordance with the Department of Foreign Affairs and Trading ‘Protection from Sexual Exploitation, Abuse and Harassment (SEAH) Policy’.

Standard 3: Knowledge and capacity

(20) The University builds knowledge and capability of staff and students to safely and effectively prevent and respond to gender-based violence, through the following approaches:

1. Ongoing, comprehensive prevention education and training is delivered to students, leadership and staff. This includes training appropriately tailored to the environment for student accommodation residents and staff, and any other employees whose substantive role is in connection with student accommodation owned, operated or managed by the University.
2. Evidence-informed communication and messaging is promoted and disseminated across the University’s study, work, living and social environments.
3. Specific positions and roles are identified that must undertake specialised education and training for providing trauma-informed and person-centred responses to disclosures of gender-based violence. Training will be provided as part of their onboarding process and subsequently on an annual basis. These positions and roles will include student accommodation staff, and may include other students in leadership positions, University leadership, employees, and any other persons whom the University consider as necessary.
4. Evidence-based prevention initiatives, programs and campaigns are adopted and are evaluated to inform future prevention initiatives.
5. Risk assessments conducted under the GBV Prevention Code) are undertaken by employees or other persons with appropriate expertise in gender-based violence and competencies in working with specific student and staff cohorts (such as First Nations people, culturally and linguistically diverse communities, people with disability and people of diverse sexual orientation and gender identity).
6. Employees or other persons involved in responding to formal reports, conducting investigations, or determining disciplinary proceedings related to gender-based violence:
   1. have appropriate knowledge, experience and expertise in gender-based violence and trauma informed and person-centred approaches,
   2. undertake training in gender-based violence and trauma-informed and person-centred approaches every three years (or have equivalent currency of training or expertise if they are engaged from outside the University).

(21) The University has adopted definitions and criteria for sexual assault, sexual harm and consent to support a common understanding and consistent approach across the University community for identifying, preventing and responding to sexual harm. These are set out in Section 5 – Glossary and/or the Sexual Harm Response Procedure - Students (see the Policy addendum - Gender-based violence provisions)

Standard 4: Safety and support

(22) The University aims to provide responses and support services that are safe and person-centred through the following approaches:

1. Policies that support:
   1. the prevention of gender-based violence
   2. effective responses to gender-based violence
   3. disclosers in achieve their educational outcomes
   4. physical and psychological safety and wellbeing of students and staff.
2. Procedures and processes that provide guidance, advice and support options for:
   1. persons wishing to disclose or formally report instances of gender-based violence
   2. respondents who have had an allegation of gender-based violence made against them
   3. employees and other persons involved in receiving and responding to disclosures and formal reports.
3. The Sexual Harm Response Procedure - Students sets out the how incidents of sexual harm relating to students can be disclosed or formally reported to the University, how these will be responded to, and the support available (including academic support) for those involved.
4. Disclosures or formal reports of gender-based violence in relation to student accommodation owned, operated or managed by the University will receive immediate action proportionate to the risk arising from the disclosure or report. A risk assessment will be undertaken and (where desired by the discloser) a support plan developed within 48 hours of the disclosure or formal report. Precautionary and interim measures may be put into place as per the Sexual Harm Response Procedure - Students or the Student Misconduct Rule 2020.
5. Disclosures or formal reports of gender-based violence by staff and other members of the University community are received and responded to as per the:
   1. Domestic and Family Violence Procedure (Staff)
   2. Bullying, Discrimination and Harassment Prevention Policy and Procedure
   3. Complaints Management Policy and procedures
   4. Charles Sturt University Enterprise Agreement
6. When responding to disclosures and formal reports, the University will, where possible, consult with the person who experienced the violence and take their wishes into account.
7. Although there may be situations where it is not possible or appropriate for the University to investigate a report, the University will offer appropriate support services and referrals for affected students and consider reasonable measures to ensure a safer community.

Standard 5: Safe processes

(23) Processes for disclosing, reporting and responding to gender- based violence aim to be safe and timely:

1. Central points of contact allow for inquiries or reporting of inappropriate, concerning, and threatening behaviour, and provide a respectful and confidential place to seek support and advice. For example, the:
   1. Project Zero website (Prevention and Support Specialist program) for students and past students
   2. Complaints, grievances and whistleblowing website and/or Employee Assistance Program for staff and other members of the University community
2. The University adopts a ‘no wrong door’ approach to facilitating disclosures and formal reports. The procedures under the ‘Standard 4: Safety and support’ heading support person-centred approaches that reflect the different response and support requirements, as well as the University’s legal responsibilities, in relation to different forms of gender-based violence. However, any disclosure or report made under one of these policies may be referred to another process where appropriate and consistent with the discloser’s wishes and the University’s privacy and legal obligations.
3. Formal reports of gender-based violence will be finalised within 45 business days, including finalisation of disciplinary processes, and appeals processes will be finalised within 20 business days. Any extensions to these timeframes must be approved by the Vice-Chancellor, who must be satisfied that the extension is required in the particular context. See also clause 24.
4. Any person who makes a formal report or gender-based violence will be given written notice and advice about the investigation and outcomes as per the relevant investigation process (as relevant, the Sexual Harm Response Procedure - Students, Student Misconduct Rule 2020, Complaints Management Procedure, or Complaints Procedure - Workplace - see the Policy addendum - Gender-based violence provisions).

(24) To support the outcomes of Standard 5 and the timely finalisation of formal reports, the timelines stated at clause 23c overrule any timeline stated in other University policy documents if the report relates to gender-based violence. Parties involved in these processes will be advised of any exceptions or variations to processes and timelines. See the Policy addendum - Gender-based violence provisions.

Standard 6: Data, evidence and impact

(25) The University will use evidence to inform its approaches, measure changes and contribute to the national evidence-base as set out in the Gender-based Violence Prevention and Response Plan.

Standard 7: Safe accommodation

(26) The University aims to provide student accommodation that is safe for students and staff through the following approaches:

1. Requirements and obligations as set out above in this procedure for student accommodation staff and other employees or individuals connected with student accommodation that is owned, operated or managed by the University.
2. Notwithstanding any other University rule, policy or procedure, or private agreement, the University will permanently remove from any student accommodation that it owns, operates or manages, a person who has had an allegation of gender-based violence against them substantiated where the University determines the action to be necessary to protect the safety of residents and after seeking and considering the views of the discloser.
3. Requirements under the GBV Prevention Code) standard 7 (7.2-7.13) are complied with for all student accommodation providers that are not directly owned, operated or managed by the University but are otherwise under the control of the University.

Part C - Responsibilities

(27) Authorities and responsibilities for:

1. investigating allegations and complaints of gender-based violence are set out under the Student Misconduct Rule 2020 (for allegations or complaints against students) and the Complaints Management Policy (for allegations or complaints against staff or other persons)
2. determinations and penalties for misconduct/serious misconduct are set out under the Student Misconduct Rule 2020 (for determinations against students) and the Enterprise Agreement (for determinations against staff)
3. legislative compliance obligations are set out under the Legislative Compliance guide.

(28) Other responsibilities for gender-based violence prevention and response are set out in the following table:

Section 3 - Procedures

(29) The following procedures support this policy:

1. Sexual Harm Response Procedure - Students
2. Domestic and Family Violence Procedure (Staff)

Section 4 - Guidelines and supporting documents

(30) See Policy addendum - Gender-based violence provisions.

Section 5 - Glossary

(31) This document uses terms as defined in the GBV Prevention Code and other terms as follows:

1. Charles Sturt University community/University community – means:
   1. members of the University Council
   2. employees
   3. students
   4. student organisations including student groups, clubs, and societies
   5. community clubs under the Clubs Policy
   6. sub-contractors working on University premises
   7. tenants and licensees of University premises and their officers and staff
   8. persons conducting an authorised business or other activity upon University premises
   9. members of the public who are visiting University premises, or taking part in University activities (as set out in the scope of this policy)
   10. people external to the University with whom students or staff interact as part of their study or work (e.g. employers supervising student workplace learning placements)
   11. residents in University accommodation
   12. affiliated organisations that use the University’s intellectual property in its name, marketing, recruitment or governance documents
   13. other entities that conduct activities on behalf of the University not otherwise captured above, including but not limited to businesses and organisations that operate on, use or lease the University’s land and facilities
2. Consent (in relation to sexual activity) – means that, at the time of the sexual activity, the person freely and voluntarily agrees to the sexual activity.
3. Discloser - means a person who has shared information about their experience of gender-based violence.
4. Disclosure – as per the GBV Prevention Code), means the provision of information about a person's experience of gender-based violence to the University by the discloser or another person. Disclosures can be made to anyone and are usually made to a person who is known and trusted. A person who discloses may or may not want to make a formal report, and may instead be seeking information about resources and support.
5. Gender-based violence - means any form of physical or non-physical violence, harassment, abuse or threats, based on gender, that results in, or is likely to result in, harm, coercion, control, fear or deprivation of liberty or autonomy. Gender-based violence may be physical, sexual, emotional, psychological, social, cultural, spiritual, or financial, and is driven by harmful social norms, gender stereotypes and gender inequality.
6. Leadership - means the Vice-Chancellor as the principal executive officer and University Council as the governing body.
7. Non-disclosure agreement – means an agreement, including a deed of release or settlement agreement, that requires particular details to be kept confidential as part of reaching a settlement.
8. Non-disparagement clause – means a clause in an agreement that requires the parties not to say things about each other that are critical, dismissive or disrespectful.
9. Person-centred - means ensuring that the discloser's needs and preferences are at the centre of decisions made in response to the disclosure. The response systems, policies and procedures affirm the discloser's dignity and support their healing by genuinely considering their wishes and the impact that decisions may have on them, while at all times ensuring the safety and wellbeing of the discloser and other students and staff.
10. Report/formal report – means providing a formal account or complaint about alleged incident(s) of sexual harm to a person or institution (either internal to the University or external) that has the authority to act.
11. Respondent means a person whom it is alleged has engaged in conduct that amounts to Gender-based Violence.
12. Sexual assault and sexual harassment – see the Policy addendum - Gender-based violence provisions.
13. Trauma-informed - means an approach that applies the core principles of safety (physical, psychological and emotional), trust, choice, collaboration and empowerment. It should minimise the risk of re-traumatisation and promote recovery and healing to the greatest extent possible.
14. Whole-of-organisation means an approach applied across all areas of the University’s operations, including any student accommodation which it directly owns, operates and/or manages, or the operations of a student accommodation provider or affiliated student accommodation provider as the context requires it, and at all levels that is evidence-informed, uses multiple strategies and is subject to ongoing monitoring and evaluation, including in respect to:
    1. leadership, culture and environment
    2. structures, norms and practices
    3. systems and infrastructure
    4. service delivery, such as curriculum, teaching and learning
    5. policies and procedures
    6. management and governance
    7. community engagement
    8. business
    9. research
    10. partnerships.

Section 6 - Document context