|Acts of Indecency
||means the commission of a sexual act against another person without Consent, which a reasonable person would consider to be unacceptable conduct or contrary to community standards.
Examples of Acts of Indecency include but are not limited to:
- a person shows another person their genitals or masturbates/touches their genitals in public;
- a person makes another person look at pornographic material (sexual pictures or videos) in a magazine, on a computer, phone or on television;
- a person sends another person’s naked picture to other people or posts it online; or
- any other sexual act that would make a reasonable person feel uncomfortable.
||means people given emeritus and honorary (including adjunct, professional associate and visitor) appointments in accordance with the relevant University policies and procedures.
||means conduct that has or is reasonably likely to have one or more of the following effects:
frightening, humiliating, degrading or punishing the other person.
- making the other person dependent on, or subordinate to, the person;
- isolating the other person from friends, relatives or other sources of support;
- controlling, regulating or monitoring the other person’s day to day activities;
- depriving the other person of, or restricting the other person’s, freedom of action or access to support services (including the services of health practitioners and legal practitioners); or
||means any person who makes a Complaint of Sexual Misconduct to the University.
||means a complaint of Sexual Misconduct to the University however made or received, including a Report or a Disclosure.
||means the exercise of free, voluntarily choice to take part in sexual contact or activity.
Consent can be given by words or clear unambiguous actions of willingness to engage in sexual contact or activity.
Consent requires ongoing agreement and can be withdrawn at any time.
Consent cannot be assumed because a person does not resist sexual contact, verbally or physically.
For further meaning of consent for the purpose of this Policy and the Procedures, refer to 7.0 of this Policy.
||means a disclosure of Sexual Misconduct by a person who is seeking support from the University, but who does not want the matter investigated or any other action taken and Disclose has a corresponding meaning.
||means the University’s Enterprise Agreement as updated from time to time.
||means any relationship that involves or appears to involve an improper use of authority or position; preferential treatment; promised or actual reward; in return for intimate or sexual acts or public expression of intimacy.
||means conduct, in person or by other means, with a person who is under the age of 16 (a young person) who is either inside or outside of Australia:
(a) with the intention of encouraging the young person to commit or take part in, or watch someone else committing or taking part in, sexual contact or activity; or
(b) making it more likely that the young person would commit or take part in, or watch someone else committing or taking part in, sexual contact or activity.
This also includes conduct with a person who has a relationship with a young person with the intention of making it more likely that the young person would commit or take part in, or watch someone else committing or taking part in, sexual contact or activity.
||means the commission of an assault of an indecent nature on another person without their Consent.
Examples of Indecent Assault include but are not limited to:
- a person touches another person in a sexual way on their breasts, penis, vagina, or anus, including if the touching is on top of or under clothing
- kissing; or
- a person makes another person touch their breasts, penis, vagina or anus.
||means any applicable law, University Rules, Policy, Procedure, contract or other lawful obligation or document.
||means the Sexual Misconduct Procedures developed pursuant to this Policy to implement this Policy.
||means providing a formal account or statement about Sexual Misconduct to the University by a person who is seeking the University to undertake an investigation and take disciplinary action if necessary.
Reporting is distinct from Disclosure but can be an outcome of Disclosure.
|Recording and/or distributing intimate images
||means recording or distributing an intimate image of another person, in any form, without their Consent.
Examples of intimate images include but are not limited to, images taken of a person:
- engaged in a sexual act;
- in a bathroom or toilet; or
- in state of undress.
||means the person who is the subject of a Complaint.
||means the commission of a sexual act on another person without their Consent. Sexual assault is a crime when a person uses coercion to engage in sexual intercourse. Coercion may include the use of force, abuse of power, violence, threats or tricks to control or take advantage of the victim.
Examples of Sexual Assault include but are not limited to:
- a person has sexual intercourse with another person where that person does not freely or willing give Consent or cannot Consent; and
- that person knows the other person does not freely or willing give Consent or cannot Consent or has no reasonable grounds to believe they provided Consent.
||means any actual or attempted abuse of a position of vulnerability, differential power, or trust for sexual purposes. This includes but it not limited to profiting monetarily, socially, or politically from sexual exploitation of another.
||means an unwelcome sexual advance, unwelcome request for sexual favours or any other unwelcome conduct of a sexual nature, which, in the circumstances, a reasonable person would anticipate the possibility that the recipient would feel offended, humiliated or intimidated.
Examples of Sexual Harassment include but are not limited to:
- unwelcome touching;
- staring or leering;
- sexually explicit pictures or posters;
- unwanted invitations to go out on dates;
- requests for sex; and
- intrusive questions about a person’s private life.
||means any misconduct of a sexual nature, including the types of conduct listed in paragraph 7.1 of this Policy.
||means any behaviour which may constitute unlawful sexual behaviour in any Australian jurisdiction.
||means all persons who are employed by the University to align with the definition included within, but not restricted by the Enterprise Agreement including the Vice Chancellor.
||means a person enrolled as a student in an approved course (including undergraduate and postgraduate, coursework and research) at the University or in a course or program of study conducted by or on behalf of the University; any casual learner participating in any formal or informal teaching programs offered by the University or on behalf of the University; and, where relevant, an exchange student or non-award student.
|Technology Facilitated Sexual Violence
||means using technology to engage in virtual and/or in person sexual violence.
Examples of Technology Facilitated Sexual Violence include, but are not limited to:
- sexual, gender and sexuality based online harassment;
- image-based sexual exploitation;
- using technology to coerce or blackmail another person to commit an unwanted sexual act or act of intimacy; and
|Third Party Provider
||means an organisation or company that provides services to enable University courses to be provided at a campus and using staff of the Third Party Provider on the terms and conditions of an agreement with the University.
||means the payment of money, provision of employment, or supply of goods or services in return for any form of sexual acts or provision of services.
||means the University of Canberra (ABN 81 633 873 422) and all partner institutions.
|University activity or event
||means any official event organised by the University, or any event on the University campus, including, but not limited to, events, field trips, placements, live music and overseas study.
||means all Students, Staff, Affiliates, residents, contractors, visitors, commercial tenants, and their staff members
|University Digital Environment
||means any online, social media, program, or other electronic tool managed, facilitated or owned by the University.
||means any of the following:
- land owned or occupied by the University, including buildings on that land and including land owned or occupied by a Third Party Provider;
- facilities provided or owned by the University or a Third Party Provider;
- a University Student Residence; or
- land owned, occupied or identified in a Third Party Provider agreement or other agreement including an exchange program, licensing or collaboration agreement or any replacement campus agreed in writing between the University and a Third Party Provider.
|University Student Residence
||means all University student accommodation, including any temporary accommodation and accommodation provided by the University during placements.
||means making a malicious claim of sexual misconduct against another person with the intent of harm to that person’s reputation, or the reputation of the University or related party, knowing that the claims are false, or was reckless as to whether the claims are false.
||means to engage in harmful or detrimental conduct towards another person, because that person has made a Complaint about the Sexual Misconduct of another person or has supported the Complainant of a Complaint.
||means observing, or seeking to observe, other people in intimate circumstances and without their Consent,.
Examples of intimate circumstances include, but is not limited to, observing a person:
- engaged in a sexual act;
- in a bathroom or toilet; or
- in state of undress.