(1) Melbourne Polytechnic is committed to providing a safe, inclusive and respectful learning environment and workplace for all students, staff and external parties (eg contractors). It recognises that all forms of sexual harm (being a holistic term for all forms of sexual violence, including but not limited to sexual harassment and assault, stalking, indecent exposure, and technology-facilitated sexual violence) have serious and long-lasting impacts on victim-survivors. Therefore, it is committed to responding to sexual harm perpetrated by or against students, staff and external parties. (2) The purpose of the procedure is to: (3) This procedure applies to all Melbourne Polytechnic: (4) Any individual (student, staff, or external party) can make a disclosure of sexual harm to Melbourne Polytechnic. A disclosure is defined as an individual telling their experience of or witnessing of sexual harm. Unlike raising a complaint, disclosure does not trigger an investigation or action unless Melbourne Polytechnic has a duty of care to do so, or the person experiencing the sexual harm decides they want to escalate their disclosure to a complaint. (5) Melbourne Polytechnic encourages people experiencing sexual harm to speak with a person that they trust about their experience. This can be to validate how they are feeling, or to test their thinking before making a disclosure. It also encourages people experiencing sexual harm who wish to make a disclosure to do so to whoever they feel most comfortable. For students, that may be a teacher or admin staff member; for staff, that may be a supervisor. Melbourne Polytechnic prioritises the wishes of the person experiencing the harm and does not require that the Contact Officers below are made aware of the disclosure, unless the Institute has a duty of care to respond. (6) Where the person experiencing the harm wishes Melbourne Polytechnic to be aware of the disclosure, the Contact Officers for making a disclosure are: (7) Complaints are made, investigated and determined following the processes outlined in the Student Complaints and Appeals Policy and/or Employee Grievances Policy. (8) Any individual (student, staff, or external party) can make a complaint of sexual harm to Melbourne Polytechnic. A complaint is defined as an individual telling their experience of or witnessing of sexual harm where they want Melbourne Polytechnic to investigate or to take specific action in response to the incident. Where a complaint is made by a witness, unless Melbourne Polytechnic has a duty of care to the person experiencing sexual harm to respond, it will prioritise the wishes of the person experiencing the harm as to any course of action following the incident. (9) Contact Officers for making a complaint: (10) Many forms of sexual harm constitute criminal conduct. Anyone can report their experience of sexual harm to Victoria Police. Reporting to the police may not preclude Melbourne Polytechnic from responding to incidents of sexual harm, however internal procedures may be paused or suspended pending criminal justice processes. (11) Melbourne Polytechnic strongly encourages people who have experienced sexual harm of a criminal nature to contact the police, Contact Officers and/or specialised sexual assault support agencies as soon as possible after the incident. (12) Melbourne Polytechnic is committed to supporting individuals who have experienced sexual harm by supporting them to access specialised sexual assault support agencies in the community. Specialised sexual violence support agencies can also help individuals to decide whether they want to report the incident(s) to the police. (13) People experiencing sexual harm may make an anonymous disclosure or complaint to Contact Officers. These disclosures or complaints will be included in Melbourne Polytechnic’s confidential register of sexual harm disclosures and complaints (refer Record-keeping and Privacy) and used in the monitoring of problematic trends. However, they will not be able to be fully investigated, as principles of natural justice and procedural fairness mean that those who have had a complaint made against them are entitled to know who has raised the complaint. (14) At any point, a person making a disclosure or complaint of sexual harm, as well as witnesses, may have a support person accompany them. The support person's role is to provide emotional support, and not to advocate or speak on behalf of the person experiencing or witnessing sexual harm. (15) Melbourne Polytechnic will take all reasonable steps to support the individual making a disclosure or complaint, recognising that this process may influence an individual’s decision to escalate from a disclosure to a complaint or seek external specialised sexual assault support agencies in the community. (16) Those making a disclosure or complaint will be treated in accordance with the guiding principles in the Sexual Harm Prevention and Response Policy (in development) (e.g., prioritising victim-survivors, protecting confidentiality and protection from reprisal). (17) Those to whom a disclosure or complaint is made will: (18) Where the disclosure or complaint has been referred to a Contact Officer, the Contact Officer will also: (19) Melbourne Polytechnic will ensure that staff have the skills and knowledge to be able (within the limits of their role) to support students, staff and external parties who make a disclosure or complaint of sexual harm. (20) Melbourne Polytechnic treats disclosures and/or formal reports of sexual harassment and sexual assault as a priority with the safety and wellbeing of the person making the disclosure paramount to the Institute’s response. (21) Resolution options include but are not limited to self-resolution, informal resolution and formal investigation. (22) A respondent may have a support person accompany them; the role of that person is to provide emotional support and not to advocate or speak on behalf of the respondent. (23) Where a formal investigation is undertaken, Melbourne Polytechnic will appoint an investigator, and ensure investigations are impartial and that the complainant is not disadvantaged on the basis of gender or inequality compounded by other forms of disadvantage or discrimination. (24) The investigator will: (25) Complainants and respondents will be kept informed about the progress of the complaint, including: (26) Melbourne Polytechnic may implement interim measures at any point to ensure the safety and wellbeing of a person making a disclosure or complaint, a respondent to a complaint, and/or, where relevant, the integrity of an investigation. Complainants and respondents may also request interim measures at any point to ensure their safety and wellbeing. Melbourne Polytechnic will consider all requests and take all reasonable steps to accommodate them, accounting for procedural fairness. (27) Interim measures may be requested whether a disclosure has been escalated to a complaint or not, or whether the resolution process is informal or formal. Where implemented, they are not a penalty or a sanction and do not imply that a resolution process will reach or has reached a particular outcome. (28) Interim measures may include but are not limited to: (29) Following an investigation and the provision of a written report, Melbourne Polytechnic will consider the findings and make a determination on potential disciplinary/other outcomes where it is determined that sexual harm took place. Any disciplinary action will be imposed under the powers as set out in the Student Discipline Policy, Employment Policy or through management of relationships and contracts relating to individuals external to Melbourne Polytechnic. (30) The Executive Director Finance, Reporting, Assurance and Marketing will consider the investigation report and make a final decision on outcome(s) relating to complaints where a staff member or external party is the respondent. (31) The Executive Director People and Student Success will consider the investigation report and make a final decision on outcome(s) relating to complaints where a student is the respondent. (32) Following the conclusion of the investigation, the affected parties will be notified of the outcome(s) as per the relevant complaints and appeals policy. (33) If it is determined that the complaint was made in a frivolous or vexatious manner, this may also lead to disciplinary action including but not limited to those listed in the Student Discipline Policy or the Employment Policy. (34) A complaint is considered closed if one of the following takes place: (35) Complaints will be managed in a timely manner and ideally closed within 30 days. (36) Students can appeal a decision regarding sexual harm made against them under the Student Complaints and Appeals Policy. (37) Employees can appeal a decision regarding sexual harm made against them under the Employee Grievances Policy. (38) External parties can appeal a decision regarding sexual harm made against them with the Chief Executive. (39) Students, staff or external parties may also lodge a formal complaint with the Victorian Equal Opportunity and Human Rights Commission, the Australian Human Rights Commission, the Fair work Commission, Worksafe or the Victorian Civil and Administrative Tribunal at any stage in the process. Complaints can also be made to the Australian Cybersecurity Centre or the Australian eSafety Commissioner if the incident(s) took place online. (40) Where a complaint is made against the Chief Executive, an Executive Director or a Director the matter will be referred to an independent investigator with the authority to do all that is necessary to resolve the matter. (41) Melbourne Polytechnic maintains a register of sexual harm disclosures, complaints and appeals of decisions. Access to this register is restricted to staff members who need to view and/or utilise the information contained within the register as part of their work for Melbourne Polytechnic. (42) The use or disclosure of information gathered by Melbourne Polytechnic will be undertaken by relevant staff and for the purpose for which the information was collected. (43) Information held in this register 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. (44) Melbourne Polytechnic monitors and analyses information held in the register for trends related to disclosures or complaints. Where required, appropriate action will be instigated based on the results of this analysis. (45) Melbourne Polytechnic periodically reports to its senior leadership de-identified information about sexual harm disclosures, complaints and appeals of decisions, for the purpose of ensuring the effective prevention of, and response to, sexual harm. (46) All records related to a disclosure, complaint or appeal will be managed in accordance with the Melbourne Polytechnic’s Privacy Policy and Records Management policy. (47) Support options for Students and Staff. (48) The Manager(s) listed here, or their delegate(s), are responsible to lead the resolution of complaints and to collaborate with the other managers if required: (49) The officers listed here are responsible to maintain a confidential register of sexual harm disclosures, complaints and appeals of decisions, and ensure that monitoring and analysis are conducted and appropriate actions instigated as a result: (50) The Manager Organisational Development is responsible to ensure that that all staff are aware of this procedure, and have the skills and knowledge to be able (within the limits of their role) to support students, staff and external parties who make a disclosure or complaint of sexual harm. (51) All staff who receive a disclosure or complaint of sexual harm are responsible to make all reasonable efforts within the limits of their role to support the person making the disclosure or complaint as per this procedure. (52) All staff who are involved in matters related to this procedure are responsible to maintain confidentiality. (53) This Procedure is pursuant to the Sexual Harm Prevention and Response Policy. (54) For the purpose of this Procedure, the following definitions apply:Sexual Harm Response Procedure
Section 1 - Purpose
Top of PageSection 2 - Scope
Top of Page
Section 3 - Procedure
Making a disclosure
Making a complaint
Reporting to Victoria Police and/or specialist sexual harm services
Anonymous disclosures or complaints
Support person
Managing disclosures and complaints
Resolution of the matter
Formal investigation
Interim measures
Determining actions
Timeframes
Reviewing a decision
External complaint options
Recordkeeping and Privacy
Support Options
Section 4 - Accountability and Responsibility
Section 5 - Policy
Section 6 - Definitions
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