Harmful Sexual Behaviours Policy

Application

All members of the University community and its subsidiaries.

This policy covers any form of harmful sexual behaviour involving a member of the University community:

  • that occurs or is alleged to have occurred on campus or in the context of any University activity, or
  • where the alleged behaviour has a sufficient connection to the legitimate interests or concerns of the University.

Notes:

 – University activities include off-campus activities and activities in online or virtual environments that are created, owned, and/or operated by the University or a staff member.

 – It is acknowledged that some acts of harmful sexual behaviour are criminal offences in New Zealand under the Crimes Act 1961 and where appropriate complainants are encouraged to refer the matter to the Police or the University will refer the matter to the Police in accordance with the BHD Policy.

Purpose

The purpose of this policy is to:

  • Outline the responsibility of the University to create an environment in which harmful sexual behaviour is openly recognised as unacceptable and is not tolerated,
  • Confirm the University’s commitment to educating our University community about harmful sexual behaviours, and to preventing harmful sexual behaviour from occurring in the University community,
  • Clarify the options available for disclosures of harmful sexual behaviour, and make clear the expectations on members of the University community who receive disclosures of harmful sexual behaviour,
  • Confirm the University’s commitment to providing support to members of the University community who report harmful sexual behaviours, and
  • Clarify the University’s processes for responding to reports of harmful sexual behaviour.

Policy Statement

Harmful sexual behaviour encompasses a range of unacceptable activities that violate the dignity and safety of individuals. Recognising the profound impact of such behaviours, the University is committed to creating an environment where no form of harmful sexual behaviour is tolerated and to having programmes and processes in place to reduce the likelihood of harmful sexual behaviour occurring in our University community. Where incidents of harmful sexual behaviour are disclosed, the University will support those making disclosures and adopt fair processes for those alleged to have committed acts of harmful sexual behaviour.

This policy is to be read in conjunction with the Addressing Bullying, Harassment and Discrimination Policy and Procedures (BHD Policy).

Policy

University’s Commitments

1. The University commits to the following:

Preventing harmful sexual behaviour by

  • Promoting a safe and inclusive environment where all individuals are treated with respect; are free from harmful sexual behaviours; and where consent is always required for any sexual activity,
  • Providing information, resources, education and training to raise awareness of harmful sexual behaviours to prevent harmful sexual behaviours from occurring, and
  • Having a plan for responding to any harmful sexual behaviours that may occur.

Note – Consent is an active, free, and mutual agreement made between two or more people.

Establishing expectations for making disclosures and receiving disclosures by

  • Making clear the expectations placed on members of the University community who witness, become aware of, or receive reports or complaints of harmful sexual behaviours, and
  • Providing clear processes for members of the University community to seek advice and refer disclosures of harmful sexual behaviour appropriately without breaching confidentiality.

Supporting members of the University community by

  • Providing a range of options of support to members of the University community who report harmful sexual behaviours, as well as to those members of the University community who are alleged to have perpetrated harmful sexual behaviour.

Appropriately responding to disclosures by

  • Setting out clear procedures for raising, addressing, and resolving concerns about individual or collective behaviour,
  • Providing clear and consistent procedures for responding to reported incidents/complaints of harmful sexual behaviours,
  • Providing advice on the options available for those reporting harmful sexual behaviours, including anonymous reporting, and
  • Ensuring that reports/complaints of harmful sexual behaviours within the University are taken seriously and dealt with promptly and with due sensitivity.

Note – The procedures for raising and responding to reports/complaints of harmful sexual behaviour are in the BHD Policy.

Responsibilities of the University Community

2. All members of the University community have a responsibility to ensure that they:

  • Do not perpetrate any form of harmful sexual behaviour,
  • Discourage any form of harmful sexual behaviour by making it clear that such behaviour is unacceptable, and
  • Support any member of the University community who feels they have been subject to harmful sexual behaviour, including supporting them to follow any pathways for resolution, including making a formal report/complaint if appropriate and/or seeking the support options available to them.

Oversight of Harmful Sexual Behaviour

3. The Harassment Governance Group has oversight of all harassment matters across the University, including harmful sexual behaviour.

    4. The Harassment Governance Group will receive reports and information from the policy owners and content managers and will brief relevant University committees and leadership as appropriate.

    Definitions

    BHD Policy 

    Means the Addressing Bullying, Harassment and Discrimination Policy and Procedures.

    Campus 

    Includes all land and buildings occupied or controlled by the University and all University vessels, vehicles and other equipment.

    Harmful sexual behaviour 

    Means sexual harassment as that term is defined in the BHD Policy and may include coercion, sexual harm, sexual assault, sexual violence, and non-contact behaviours such as stalking, peeping, image-based sexual abuse  and other retaliatory behaviour of a sexual nature. Further examples of sexual harassment are provided in the Addressing Bullying, Harassment and Discrimination Guidelines.

    Sexual harassment 

    Is defined in the BHD Policy as unwelcome conduct of a sexual nature that could be offensive, humiliating or intimidating to any other person and is either repeated, or of such a significant nature, that it has a detrimental effect on the person, their performance or their work and study environment. This includes a request for sexual activity of any sort that contains an implied or overt promise of preferential treatment or overt threat of detrimental treatment. It is unlawful to sexually harass another person even if there was no intention to harass the person.

    Staff member 

    Refers to an individual employed by the University on a full time or part time basis, including those on a fixed-term, permanent or casual employment agreement.

    Student

    Is any person enrolled in a course of study at the University, or a person who is studying at the University under an exchange arrangement with another institution.

    University community 

    Includes all staff members (whether permanent, temporary, or part-time), honorary staff, students (whether full time or part time), students from other institutions on placement, contractors, subcontractors, consultants, alumni, associates, business partners or official visitors or guests of members of the University or UniServices.

    UniServices 

    Means Auckland UniServices Limited.

    University 

    Means Waipapa Taumata Rau University of Auckland and includes all subsidiaries.

    Key relevant documents

    Include the following:

    Document management and control

    Owner: Director Human Resources
    Content manager: Associate Director HR Advisory and Associate Director Student Wellbeing and Engagement
    Approved by: Vice-Chancellor
    Date approved: 1 August 2024
    Review date: 1 August 2029