(1) The purpose of the policy is to: (2) This policy applies to all Melbourne Polytechnic: (3) Melbourne Polytechnic is committed to providing a safe, inclusive and respectful learning environment and workplace for all students, staff and external parties (eg contractors). This contributes to student success, satisfaction and wellbeing, and employee commitment, job satisfaction and wellbeing. (4) Melbourne Polytechnic recognises that all forms of sexual harm (being a holistic term for all forms of sexual violence, including sexual harassment and assault, stalking, indecent exposure, and technology-facilitated sexual violence) have serious and long-lasting impacts on victim-survivors. (5) Therefore, it is committed to preventing and responding to sexual harm perpetrated by or against students, staff and external parties. (6) Melbourne Polytechnic will take all reasonable steps to prevent sexual harm for students, staff and external parties. It is committed to maintaining a safe, inclusive and respectful culture through: training for relevant staff on responding to disclosures; education about sexual harm and relevant policies; and encouraging positive action to promote safe and respectful Institute settings. It is also committed to identifying and managing risk of sexual harm through design and fit out of campus spaces, provision of security and supervision of student placements. (7) Melbourne Polytechnic will take all disclosures or complaints of sexual harm seriously. It will prioritise the safety and wellbeing of the person disclosing or complaining of sexual harm by supporting, listening to and validating their experience/s, and ensuring their access to appropriate supports. (8) The confidentiality and privacy of an individual who makes a disclosure or complaint of sexual harm, and that of the respondents and parties involved in the disclosure or complaint, will be protected and respected at all times. (9) Complainants and witnesses will not experience negative repercussions for making complaints or providing statements. (10) Melbourne Polytechnic is committed to identifying and implementing appropriate ways of monitoring experiences of sexual harm among students and staff, and to evaluating the effectiveness of this policy. It is committed to the continuous improvement of prevention initiatives and response procedures and their alignment with best practices. (11) Melbourne Polytechnic is committed to principles of natural justice and procedural fairness: fully informing a person of any allegation(s) made against them; giving the person the opportunity to respond, state their case or provide an explanation or put forward a defence; ensuring that all parties are heard and relevant submissions are considered; and ensuring that decisions made are fair and without bias. It focuses on the process used and not the outcome achieved. (12) Melbourne Polytechnic recognises that sexual harm, including sexual harassment and sexual assault, is driven by gender inequality, and may be compounded by other forms of intersecting disadvantage or discrimination relating to attributes including, but not limited to, cultural background, age, disability, gender identity, race, religion and sexual orientation. As such, Melbourne Polytechnic is committed to promoting gender equality in the learning environment and workplace, taking positive action to prevent sexual harm, and supporting consideration of these intersectionalities in any investigation, or policy, program or service implementation. (13) Melbourne Polytechnic recognises the powerful role that students, staff and others in the Melbourne Polytechnic community play by demonstrating inclusive and respectful behaviours, and thereby creating an educational and workplace culture that supports the prevention of and response to sexual harm. As such, Melbourne Polytechnic is committed to fostering these behaviours through raising awareness, providing training and information, communicating its policies, and encouraging students and staff to safely speak up or take action when they encounter attitudes or behaviours that run counter to that culture. (14) Complainants, respondents, witnesses and others involved in a disclosure or complaint are expected to keep information relating to that disclosure or complaint confidential while it is determined whether an investigation will be undertaken and during the course of any such investigation. This will support the privacy of all involved and support procedural fairness. Information collected by Melbourne Polytechnic will not be shared with any external parties except for government authorities and agencies in order to comply with legislation. Unless required, information will be de-identified. (15) Melbourne Polytechnic recognises that sexual harm may occur, and encourages students, staff and others in the Melbourne Polytechnic community who experience sexual harm to make disclosures or raise complaints. All disclosures and complaints of sexual harm will be approached sensitively, while prioritising confidentiality and protection from reprisal or retaliation. Where a person under 18 years is involved, Melbourne Polytechnic responds as per the Child Wellbeing and Safety Policy. (16) Melbourne Polytechnic will provide a timely, structured, and just process for resolving disclosures or complaints of sexual harm at the local level wherever possible. However, Melbourne Polytechnic recognises that some types of sexual harm may require the involvement of external agencies, such as Victoria Police. (17) Appropriate disciplinary action will be taken, (as per the policies under the Associated Information Tab), against students, employees or others in the Melbourne Polytechnic community who are found to breach this policy in relation to any complaint, up to and including expulsion (students), dismissal (employees) and termination of contract or engagement with Melbourne Polytechnic (external parties). (18) Melbourne Polytechnic communicates and promotes this policy and relevant procedures to: (19) Melbourne Polytechnic will not fund legal representation for students or employees who are found to have contravened this policy. (20) The Chief Executive and Executive Directors are responsible for and oversee the communication of their commitment to the prevention of, and response to, sexual harm to students, staff and external parties. (21) The Executive Director Student Engagement International and Community Partnerships is responsible for ensuring that adequate resources, systems and structures are provided to prevent and respond to student experiences of sexual harm. (22) The Executive Director People Culture and Corporate Services is responsible for ensuring that adequate resources, systems and structures are provided to prevent and respond to staff experiences of sexual harm. (23) The Executive Director Infrastructure Sustainability and Precincts is responsible for ensuring that adequate resources, systems and structures are provided to identify and manage risks of sexual harm associated with the built environment. (24) All students and staff students are responsible for acting in ways that maintain and strengthen a safe and respectful learning environment and workplace culture. (25) The Sexual Harm Response Procedure documents how this policy is implemented. (26) For the purpose of this policy, the following definitions apply:Sexual Harm Prevention and Response Policy
Section 1 - Purpose
Top of PageSection 2 - Scope
Top of Page
Section 3 - Policy
Policy Statement
Policy Principles
Prevention of sexual harm
Prioritising victim-survivors
Protecting Confidentiality and Privacy
Protection from reprisal
Monitoring and evaluation
Natural justice and procedural fairness
Policy Topics
Gender inequality
Importance of culture
Protecting Confidentiality and Privacy
Disclosures and complaints
Due process
Disciplinary action
Communication and promotion
Legal representation
Section 4 - Accountability and Responsibility
Section 5 - Procedure
Section 6 - Definitions
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