Sexual Misconduct

Sexual misconduct is never acceptable.

What is sexual misconduct?

Sexual misconduct can be described as a broad range of sexual behaviours by another person that can make you feel uncomfortable, frightened or threatened. Sexual misconduct includes rape, sexual assault and sexual harassment.

For immediate, 24/7 help

In any life-threatening situation, always call Emergency services (police and ambulance) on 000.

For medical and crisis counselling support support services CLICK HERE.

Definitions

Rape:

Rape occurs when a person intentionally penetrates another person without their consent. For the legal definitions click here for Victoria and NSW.

Sexual Assault:

Sexual assault occurs where a person intentionally sexually touches another person without their consent. For the legal definitions click here for Victoria and NSW.

Consent:

Consent usually involves free agreement which can be a complicated concept at law.For the legal definitions click here for Victoria and NSW.

Free agreement does not usually occur where:

• is forced, or in fear of force or harm of any type
• is unlawfully detained
• is asleep or unconscious, or is so intoxicated as to be incapable of consenting
• is mistaken about the sexual nature of the act or identity of any other person involved
• mistakenly believes that the act is for medical or hygienic purposes
• is not saying or doing anything to indicate consent
• gives consent and later withdraws it to the act taking place or continuing.

Source: Crimes Amendment (Sexual Offences) Act (2016)

Sexual harassment can be defined as:

Sexual harassment is unwelcome behaviour of a sexual nature. The behaviour can be physical, spoken or written, and can make you feel offended, humiliated or intimidated. It can be directed to both women and men; in either case it is totally unacceptable.

Sexual harassment can be physical, verbal or written, and can include:

• someone asking you to go out with them repeatedly
• touching
• leering or staring suggestively
• sexual comments on how a person looks or is dressed
• comments on a person’s sex life or sexuality
• sexual jokes or anecdotes
• displays of pornography (including screen savers, photos, calendars or objects)
• sexually explicit emails, text messages or posts on social networking sites
• being hassled for sex.

Some types of sexual harassment may also be offences under criminal law, such as indecent exposure, stalking and sexual assault. A single incident is enough to constitute sexual harassment.

Source : Victorian Equal Opportunity & Human Rights Commission

Sexual Misconduct

NIODA has a sexual misconduct policy that applies to students, staff, contractors and volunteers.

What can do you do about it?

Sexual misconduct is threatening. People often choose to remain silent in the face of offensive sexual behaviour for fear of retribution by their harasser. This only perpetuates the problem. If you feel you have been sexually harassed:

• don’t ignore it
• don’t feel guilty, it’s not your fault
• tell the harasser to stop
• seek support.

If you are not sure if you have experienced sexual misconduct and would like clarity you can contact:

• Centres Against Sexual Assault (CASA) aims to provide access to comprehensive and timely support and intervention to address the needs of women, children and men who have experienced sexual assault. Phone: 1800 RESPECT Australia wide 1800 737 732  Website: https://www.casa.org.au/

Your rights and responsibilities

Whether a student, member of staff, committees or boards, on-campus or online, all responsible for maintaining a work and study environment that is free of sexual misconduct. Everyone has a right to feel safe.

See something wrong? Say something to put it right. As a community, we value looking out for one another. A culture of bystander action helps keep us all safe.

Respect.Now.Always is Universities Australia response which includes a 10 point action plan.

Where to go for help

NIODA is governed by its own sexual misconduct, discrimination and bullying policies and procedures. It is important when you are seeking advice that you indicate if you think those involved may work for NIODA so you can be advised of the relevant process and gain appropriate assistance.

NIODA is committed to enabling a safe, inclusive and respectful community. 

For urgent support:

Emergencies or immediate danger: Call Victoria Police on 000.

If you have witnessed or experienced sexual misconduct: CLICK HERE for centres in Melbourne and Sydney.

For non-urgent support:

Every person’s experience of sexual misconduct is different, and the kind of support you want or need is individual and can change over time. Some people may find it helpful to get help from their family and friends, while others may also want support outside of their personal networks. It is important to know that there are many support options and that it is your choice to decide what will work best for you.

There are services that may support your physical, emotional, practical and/or legal needs.

NIODA provides free, confidential, short-term professional counselling to currently enrolled students and staff.

Click here to contact any of the NIODA designated contacts: the Student Advisor or the CEO or the Chair of the Board of Governance.

Policies and principles

Policies are NIODA’s formal statements of principle. There are a number of policies which govern appropriate behaviour:

Sexual Misconduct Policy
Code of Conduct Policy
General Misconduct Policy
Staff Dispute Resolution Policy
Bullying Policy
Student Grievance Policy
Student Support Policy

Emergency & Crisis Support

If your situation is immediately life-threatening or urgent, always call Police on 000 first.

Melbourne

Centres Against Sexual Assault (CASA):

Located throughout Melbourne. CASA aims to provide access to comprehensive and timely support and intervention to address the needs of women, children and men who have experienced sexual assault.  Phone: Sexual Assault Crisis Line (Victoria) 1800 806 292. Website: https://www.casa.org.au/

For medical and crisis counselling support:

24-hour response to recent sexual assaults for women and men is available at:
Women’s Emergency Care
Lower Ground
20 Flemington Road
Parkville Victoria

The Royal Women’s Hospital Sexual Assault Crisis Line – provides crisis care response for people who have experienced sexual assault
Phone: 9635 3610 (24 hours a day, 7 days a week)
Website: https://www.thewomens.org.au/patients-visitors/clinics-and-services/violence-sexual-assault/sexual-assault-response-service/

Sexual Assault Crisis Line – state-wide, after-hours, confidential, telephone crisis counselling service for people who have experienced both past and recent sexual assault.
Phone: 1800 806 292 (5pm – 9am)
Website: http://www.sacl.com.au/

1800Respect – National sexual assault, domestic and family violence counselling service (24 hours a day, 7 days a week)
Phone: 1800 737 732
Online Chat: https://www.1800respect.org.au/get-help/
Website: https://www.1800respect.org.au/

Safe Steps Family Violence Response Centre – Victoria’s 24/7 family violence support service
Phone: 1800 015 188 (24 hours a day, 7 days a week)
Website: http://www.safesteps.org.au/

No to Violence Men’s Referral Service – men’s family violence telephone counselling, information, and referral service in Victoria, New South Wales, and Tasmania, and is the central point of contact for men taking responsibility for their violent behaviour.
Phone: 1300 766 491 (9am – 9pm, Monday – Friday)
Website: http://www.ntvmrs.org.au/

Sydney

NSW Rape Crisis Centre
Phone: 1800 424 017 (24 hours a day, 7 days a week) Website: https://www.nswrapecrisis.com.au/

1800Respect – National sexual assault, domestic and family violence counselling service (24 hours a day, 7 days a week)
Phone: 1800 737 732
Online Chat: https://www.1800respect.org.au/get-help/
Website: https://www.1800respect.org.au/

No to Violence Men’s Referral Service – men’s family violence telephone counselling, information, and referral service in Victoria, New South Wales, and Tasmania, and is the central point of contact for men taking responsibility for their violent behaviour.
Phone: 1300 766 491 (9am – 9pm, Monday – Friday)
Website: http://www.ntvmrs.org.au/