Health and Wellbeing

Polytechnic Australia (PIA) is committed to furthering a positive learning and working environment and to the prevention of incidents of sexual misconduct.

PIA maintains zero tolerance of negative behaviours, including sexual misconduct. To achieve this, PIA is committed to:

• Implementing ongoing education and training for students and staff;
• Providing mechanisms for individuals to report any such behaviour to PIA, including anonymous reports;
• Promptly assessing all reports of such behaviour and/or referring such reports to the appropriate authorities;
• Applying the PIA Privacy and Personal Information Policy and the principles of procedural fairness and confidentiality to the investigation of such reports;
• Acting on the outcomes of such investigations in a timely and sensitive manner;
• Considering disciplinary action if a report is assessed to be vexatious or malicious.

PIA is committed to preventing sexual misconduct in its physical and online environments through ongoing education and training. This is achieved through education and prevention strategies, such as:

• Orientation programs for all students.
• Staff induction processes.
• First responder training.

Sexual misconduct includes incidences of sexual harassment and sexual assault.

Sexual harassment.  While the definition of sexual harassment varies across Australian (and other) jurisdictions, it generally involves an unwelcome sexual advance, unwelcome request for sexual favours or other unwelcome conduct of a sexual nature which, in the circumstances, a reasonable person, aware of those circumstances, would anticipate the possibility that the person would feel offended, humiliated, or intimidated.

Examples of sexual harassment include:

• staring, leering or unwelcome touching
• suggestive comments or jokes
• unwanted invitations to go out on dates or requests for sex
• intrusive questions about a person’s private life or body
• unnecessary familiarity, such as deliberately brushing up against a person
• emailing pornography or rude jokes
• displaying images of a sexual nature around the workplace
• communicating content of a sexual nature through social media or text messages.

Sexual assault includes a range of behaviours, all of which are unacceptable and constitute a crime. Sexual assault occurs when a person is forced, coerced or tricked into sexual acts against their will or without their consent, including when they have given their consent. Sexual assault is often called other names such as: Sexual abuse, rape, indecent behaviour, indecent assault, sexual molestation, incest, child sexual abuse, child sexual assault, touching, ‘feeling up’, sexual harassment.

Examples of sexual assault may include (but are not limited) to:

• Two people in a relationship start engaging in sexual activity but Person A changes their mind and asks to stop. Person B refuses to stop and forces sexual activity.
• Person A has sexual intercourse with Person B when Person B does not not want to or is unable to consent.
• Person A knows Peron B does not want to or cannot consent, or has no reasonable grounds to believe Person B consented.
• A teacher manipulates a student to engage in sexual acts in exchange for better marks.

Consent.  Whilst definitions for consent to sexual activities also vary between jurisdictions, consent is essentially an agreement between people to engage in a sexual activity. Other important elements of consent are that it is mutual, freely given, informed, certain and clear, enthusiastic, reversible, specific and required throughout the activity.

Individuals who have directly experienced sexual misconduct involving PIA staff or students have the right to decide what information they disclose. Individuals have a number of options to consider:

• Call PIA emergency number on (+61) 434 996 183;

• Report to the Police by calling 000;
• 1800Respect – National Sexual Assault, Domestic Family Violence Counselling Service;
• Talk to a PIA Designated Officer (first responder who is trained to provide an appropriate initial response, including advice about available PIA and external support services and the process for making a Report) or other PIA professional;
• Ask someone to make a report on their behalf;
• Take no action

Where a disclosure has been made to a PIA Designated Officer, where possible, PIA will respect an individual’s choice to not make a report and will keep the disclosure confidential. In exceptional circumstances, where required by law or where there is a risk of significant harm to that individual’s health and safety or another individual’s health or safety, PIA may notify third parties, such as the police or child protection authorities.

The safety and wellbeing of individuals who have been affected by sexual assault and sexual harassment are priorities of PIA. Individuals have a number of options of support:

• Academic Support: Special consideration and other types of support are available to assist with study.
• Employee Assistance Program: Free service that offers professional advice to PIA staff and their families.
• Outside PIA: Staff and students may prefer to seek support from counselling services outside of the institution.

All documentation relating to the incident of sexual assault or sexual harassment will be kept confidential and shall be disclosed only to those persons who have a right to the information by virtue of their role in the process, as required by law, or as determined by limits to confidentiality (e.g. risk of harm to person or persons).

Written records should contain such information as is necessary for others to gain a clear understanding of the grounds upon which a concern was determined and the actions taken to address it.

PIA will capture data on de-identified disclosures and formal complaints in order to monitor incidents, patterns of behaviour, monitor effectiveness of this policy, continuous improvement and to prevent reoccurrences of sexual assault and sexual harassment.

Further information can be found in PIA’s Policy in relation to sexual assault and sexual harassment, which is made available under Policies and Procedures.