• Section 1 - Purpose and Scope
• Section 2 - Principles and Key Requirements
• Section 3 - Roles, Responsibilities and Accountabilities
• Section 4 - Monitoring, Review and Assurance
• Section 5 - Recording and Reporting
• Confidentiality and Privacy
• Reporting and Monitoring
• Section 6 - Appendix
• Definitions

Section 1 - Purpose and Scope

(1) The University of Queensland (UQ or the University) is committed to promoting and fostering a University environment that is safe, respectful and free from all forms of Sexual Misconduct. Subject to what follows, this Policy outlines the principles and key requirements governing UQ’s approach to preventing, addressing and responding to Sexual Misconduct, which is unwelcome behaviour of a sexual nature without Consent. It includes behaviour that could amount to a Sexual Offence and/or Sexual Harassment. This Policy is to be read in conjunction with the Sexual Misconduct Prevention and Response for Students Procedure and the Sexual Misconduct Prevention and Response for Staff Procedure (Procedures).

(2) UQ is committed to providing Support to all members of the UQ Community who have experienced, witnessed or otherwise been exposed to Sexual Misconduct. This Policy applies to all members of the UQ Community, including all students and staff, whether or not those staff are covered by the Enterprise Agreement. Together with the Procedures, this guides our intent to promote and foster an environment where members of our community are supported to make disclosures and seek assistance through a Trauma-Informed approach.

(3) This Policy and the Procedures do not govern disciplinary processes in relation to staff or students who are alleged to have engaged in Sexual Misconduct. Those processes are governed by the University's Disciplinary Framework. This Policy and the Procedures deal with UQ's prevention of and response to Sexual Misconduct outside the Disciplinary Framework.

Section 2 - Principles and Key Requirements

(4) The following principles reflect UQ’s commitment to preventing all forms of Sexual Misconduct, supporting members of the UQ Community who are affected by Sexual Misconduct, and responding appropriately and sensitively when Sexual Misconduct occurs.

1. UQ prohibits all forms of Sexual Misconduct, and requires all members of the UQ Community to comply with this prohibition.
2. UQ acknowledges that education and awareness are important aspects of prevention and is committed to educating the UQ Community to assist in the prevention of Sexual Misconduct in the UQ Community.
3. All members of the UQ Community are required to take all reasonable steps to maintain a safe and respectful environment at or related to UQ.
4. Members of the UQ Community, particularly supervisors and managers, will be made aware of the responsibility they have in responding appropriately when they receive information regarding Sexual Misconduct, particularly taking account of Trauma-Informed approaches.
5. Procedures supporting this Policy are to be Trauma-Informed.
6. UQ acknowledges that Sexual Misconduct may include conduct which would also amount to a Sexual Offence if proven in a court exercising criminal jurisdiction. The University does not have jurisdiction to determine criminal responsibility and does not make findings in terms of criminal responsibility, including as to whether a Sexual Offence has occurred. However, the University can and will determine whether alleged Sexual Misconduct amounts to 'general misconduct', 'misconduct' or 'serious misconduct' (as the case may be) pursuant to the Disciplinary Framework. UQ can and will take action in respect of breaches of its rules, policies and procedures pursuant to its Disciplinary Framework. UQ will cooperate with and, where provided for in the Procedures, report matters to the police or other external agencies.
7. The safety, welfare and support of the UQ Community is paramount. UQ recognises that any Sexual Misconduct is likely to have an adverse impact on members of the UQ Community, and is committed to providing Support to those affected.
8. UQ will implement options for Support and Formal Reports that are simple, accessible and available through multiple avenues.
9. UQ will bring sensitivity and timeliness when providing Support and responding to Formal Reports.
10. Confidentiality and information privacy will be upheld where possible, in accordance with legislative requirements and UQ policies and procedures.
11. UQ does not tolerate Victimisation.
12. UQ recognises that Sexual Misconduct may be experienced by all people regardless of their sexuality or gender identity.
13. A Formal Report of Sexual Misconduct may attract protections under the Public Interest Disclosure Act 2010 (Qld) and UQ’s Public Interest Disclosure Policy and Public Interest Disclosure Procedure.

Section 3 - Roles, Responsibilities and Accountabilities

(5) The Human Resources Division, Student Affairs Division, Academic Services Division, and the Sexual Misconduct Support Unit coordinate UQ’s provision of Support and carry out other matters as specified in this Policy and the Procedures. 

(6) The Human Resources Division, Student Affairs Division, and Academic Services Division are responsible for resourcing and supporting the work of the Sexual Misconduct Support Unit, and implementing this Policy and the Procedures, including providing Support and responding to Formal Reports.

Section 4 - Monitoring, Review and Assurance

(7) The Human Resources Division, Student Affairs Division, and Academic Services Division are responsible for ensuring that this Policy and the Procedures are reviewed routinely and in response to any concerns or issues raised by members of the UQ Community. Edits and updates can be made to the Procedures to ensure their ongoing relevance, effectiveness and compliance with law.

Section 5 - Recording and Reporting

Confidentiality and Privacy

(8) Information relating to offers or requests for Support or Formal Reports will be:

1. recorded and kept confidential by UQ, and only used by UQ to take action as described in the Policy and the Procedures, to de-identify the information for statistical reporting (as described further below) or otherwise to comply with the Policy and the Procedures or the law;
2. kept separate from, and not linked to, the enrolment, employment or other engagement records of the Complainant, the Third Party Reporter, or any witness; and
3. accessible by the person who provided the information if they wish to later use it for the purposes of making a Formal Report or report to the police or other external agency.

(9) UQ may use de-identified data relating to offers or requests for Support or Formal Reports for the purposes of monitoring patterns of Sexual Misconduct and to inform future prevention and education programs at UQ.

(10) Any personal information collected by UQ under the Procedures will be handled according to the Privacy Management Policy and Privacy Management Procedure.

(11) Staff who have a role or responsibility under the Policy and the Procedures must keep confidential information relating to offers or requests for Support or Formal Reports, except insofar as necessary to:

1. take any action permitted by, or otherwise comply with, the Policy and the Procedures or the law;
2. make a report to the police or other external agency in accordance with the Procedures;
3. facilitate support from an immediate family member, or a staff or student representative, or to obtain medical or legal advice.

Reporting and Monitoring

(12) The Sexual Misconduct Support Unit will regularly report to the Chair of the Vice-Chancellor's Advisory Committee on Sexual Misconduct. 

(13) The Sexual Misconduct Support Unit will collate data relating to the use of the Policy and the Procedures. 

(14) The Sexual Misconduct Support Unit will work with the Human Resources Division, the Integrity Unit, the Academic Services Division, and Student Affairs Division to ensure that relevant de-identified data is recorded and reported to the Vice-Chancellor and Human Resources Division, Student Affairs Division, and Academic Services Division on a six monthly basis, including but not limited to:

1. the number and types of offers of Support made and requests for Support received;
2. the number and types of Formal Reports made;
3. the number and types of matters reported to the police or other external agency, in accordance with “Reporting to the Police or other External Agency” clauses 32 to 35 of the Procedures;
4. whether further action was taken in response to Formal Reports, including the number referred for consideration pursuant to the Disciplinary Framework;
5. the number of investigations conducted;
6. time taken to respond to requests for Support and Formal Reports;
7. any feedback provided by Complainants, Respondents, Third Party Reporters and witnesses;
8. a summary of any patterns that emerge from the monitoring conducted, including any recommendations for further improving UQ’s relevant policies and procedures; and
9. any further statistics the Vice-Chancellor and/or Senate considers necessary from time to time.

Section 6 - Appendix

Definitions