JCU Respect
James Cook University is committed to fostering a community that features, at its core, respect, inclusion and safety for all. You can read JCU's Statement of Commitment to the Elimination of Sexual Harassment and Sexual Assault - PDF
Sexual Misconduct Officers
You can talk with a JCU Sexual Misconduct Officer about any matter that is causing you concern - no matter how big or small the issue might seem. Sexual Misconduct Officers provide a single point of contact at JCU for a person who has been subject to Sexual Harassment or Sexual Assault, or to the manager or person supporting that person.
The safety and wellbeing of the person who has been subjected to sexual harassment or sexual assault are at the centre of all responses. All contact is treated confidentially.
The Sexual Misconduct Officers can assist someone to connect with the specialist support services, if needed. The Sexual Misconduct Officers can work through what support a person needs to continue with studying or working, regardless of whether the person who perpetrated the harassment or assault are associated with JCU.
The kind of support the Sexual Misconduct Officers can provide includes accommodations such as, implementing safety plans; short term emergency housing; changes to class scheduling; changes to assessment; changes to reporting lines (including Higher Degree by Research supervisory arrangements); temporary or long-term work or workplace reassignment. Support can be provided without the person who has made the report identifying the other person/people involved.
Sexual Misconduct Officers can provide information and support on what actions can be taken to resolve an issue, and provide information on making a complaint.
Sexual Misconduct Officers will assist with coordinating responses to any incident that occurs on a field trip, placement or overseas. This may include connecting with specialist services, returning people to campus as needed, or assisting with consular support.
JCU has compulsory training that relates to sexual harassment and sexual assault (the JCU Respect online module and Respectful Relationships workshops). The training is designed to be completed by all staff and students. If you feel unable to complete for personal reasons please contact one of the Sexual Misconduct Officers listed below to arrange a confidential exemption).
Vanessa Cannon
Chief of Staff
I’m committed to ensuring that staff and students are supported in addressing inappropriate behaviours in the workplace or learning environment. I believe we are all capable of active and visible leadership in this regard.
Nola Kuilboer
Executive Officer, Education Division
I have worked at JCU since 2011 because I believe in the power of education to change lives. A respectful and safe workplace and learning environment is everyone’s responsibility. My commitment is to provide support and leadership to staff and students in ensuring inappropriate behaviours are addressed.
Getting Support
What to do if you have been sexually harassed or sexually assaulted - remember it's never your fault
You are not responsible for other people's behaviours. You have a right to be treated with dignity and respect. You have a right to privacy, and confidentiality, you can refuse to answer any questions. You have a right not to be judged based on your age, gender, sexual preference, ethnicity and/or cultural background. You have a right to ask questions and get answers. You have a right to decide what happens.
The Sexual Assault Care Centre provides information and support to people experiencing sexual harassment. They work hand in hand with AWARE's Workplace Harassment and Discrimination Advisory. JCU students can also access the JCU Counselling and Progressions Office.
Specialist Sexual Assault Service:
The Sexual Assault Care Centre provide specialist, free, confidential support (Monday to Friday 10am - 6pm) 6779 0282
The Specialist Sexual Assault Services have support workers who can meet you and can offer ways to help you manage the physical and emotional affects you may be experiencing. They can explain and assist with legal and medial options, including any emergency health care of forensic examinations, and, any decisions about reporting to police. You are able to contact the Sexual Assault Care Centre directly, or JCU's Sexual Misconduct Officers can also assist you to connect.
Helplines:
- AWARE Women’s Helpline (Monday to Friday 10am - 6pm) 1800 777 5555
- National Anti-Violence Hotline (24/7 in English, Mandarin, Malay and Tamil) 1800 777 0000
Emergency contacts for hospitals:
- Kandang Kerbau Hospital (KKH)
- National University Hospital (NUH)
- Singapore General Hospital (SGH)
If you experienced serious physical injury call 995 or go immediately to one of the following hospitals for treatment. These hospitals are best equipped to support assault cases:
Solid Ground provides general advice and guidance for those facing online harassment or abuse, including information about support services, filing an online takedown, applying for a protection order, and reporting to police.
You can also check the Australian eSafety Commissioner’s eSafety Guide to learn more about the latest games, apps and social media, including how to protect your information and report inappropriate content. See also the eSafety cyber abuse response guide.
JCU's Sexual Misconduct Officers can assist you with working out what support you need to continue your study or work. Support includes, for example, safety plans, short term emergency housing, or changes to class scheduling, assessment, or work reporting lines. Support can be provided without identifying the other person/people involved.
Supporting someone who has been sexually harassed or sexually assaulted
Attend to safety - Check if there are any immediate safety concerns. You can ask: “Do you feel safe?" "Do you need any medical attention?”
Remember: Call 999 for police or 995 for ambulance. THEN call JCU Security if the incident is on-campus 6709 3892.
Listen and be supportive - It can be very hard for someone to disclose sexual harassment or sexual assault. Give the person your full attention. Speak calmly, let them tell you at their own pace, without interrupting or asking direct questions about the experience. Silences are ok - you don't have to rush in with words. Letting someone take charge of what they disclose also enables them to reclaim some of the control that has been taken away.
Believe them - One thing people fear most after they experience sexual harassment or sexual assault is that they won't be believed. Don't question the person's account. Do not ask ‘why’ questions - these questions carry blame and judgement. You may find that the person's narrative is disjointed and has inconsistencies; this can be an effect of distress or trauma and not an indication that they are being untruthful. Remember that sexual harassment and sexual assault is never the fault of the person who has been subjected to it.
Maintain confidentiality - It is up to the person to decide who they tell, when and how, and they are trusting you to respect that. Treat what is shared with you confidentially, do not share with others without permission. You can report an incident to JCU that someone has disclosed to you without breaching confidentiality (see section below).
Refer to support - Remember you do not have to have all, or any of the answers - and it is not helpful to try and find out all of the details. The best thing you can do is assist the person to connect with those who can help, including with the specialist Sexual Assault Care Centre and JCU's Sexual Misconduct Officers as required.
Take care of yourself - It can be confronting to support someone impacted by sexual harassment or sexual assault. You can call the AWARE Women's Helpline or the National Anti-Violence Hotline to confidentially debrief. JCU's Sexual Misconduct Officers can provide support to you whilst you are supporting a person who has disclosed to you.
The following resource provides guidance if you are supporting someone who has been sexually harassed.
Sexual Harassment
Sexual harassment is defined in JCU's policies as an unwelcome sexual advance, unwelcome request for sexual favours or other unwelcome conduct of a sexual nature that is done either to offend, humiliate or intimidate another person, or where it is reasonable to expect the person might feel that way.
Sexual harassment is unlawful when it falls within the relevant statutory definition under the Protection from Harassment Act (POHA).
Examples of sexual harassment include:
- Displays of sexually graphic materials including posters, cartoons or messages left on noticeboards, desks or common areas
- Repeated invitations to develop a closer or intimate relationship after prior refusal
- Unwelcome and uncalled for remarks or insinuations about a person's sex or private life
- Comments of a sexually suggestive nature about a person's appearance or body
- Sexually offensive phone calls
- Offensive emails and text messages of a sexual nature
- Unwanted sexual attention using internet, social networking sites and mobile phones
- Sexually offensive screensavers or posters
- A publication, such as sexually offensive emails or graphics
- Threats online of a sexual nature
- Revenge porn
- Sexual propositions
- Voyeurism
- Indecent exposure
- Stalking
- Pressuring a student or staff member to engage in sexual behaviour for some educational or employment benefit, or
- Making a real or perceived threat that rejecting sexual behaviour will carry a negative consequence for the student in education, accommodation, or University programme or activity.
What is not sexual harassment:
Sexual harassment is not interaction, flirtation or friendship which is mutual of consensual.
Sexual Assault
Sexual assault in JCU's policies is any unwanted or forced sexual activity without a person's consent.
Assault occurs when a person:
- Touches another person inappropriately without their consent – groping is a form of sexual assault
- Forces another person against their will to commit an act of gross indecency – a sexual act that does not involve penetration, for example a person forces another person to touch their genitals
- Forces another person to see an act of gross indecency, for example the person masturbates in front of the other person.
Rape is a serious form of sexual assault and occurs where a person or persons force another person or persons to have sexual intercourse without his or her consent. Rape means penetrating, with a person's penis, the vagina, anus or mouth of another person without the other person's consent, or with that person's consent when that person is below 14 years of age.
Consent
Consent means the free and voluntary agreement to participate in an activity which may include an intimate or sexual relationship given by a person with the cognitive capacity to do so.
Consent is not freely and voluntarily given if the person is:
- Under force;
- Unconscious or asleep;
- Under the influence of drugs or alcohol;
- Under threat or intimidation;
- In fear of bodily harm;
- Subjected to the exercise of authority;
- Under false or fraudulent representations about the nature or purpose of the act, or
- Under a mistaken belief that the offender was someone else (for example, their sexual partner).
In Queensland people under the age of 16 cannot consent to sex or sexual activity.
The Thames Valley Police, in the UK developed a short video in 2015 to demonstrate what constitutes consent by demonstrating sexual consent is as straightforward as making a cup of tea:
Letting JCU know about Sexual Misconduct
We acknowledge that reporting sexual harassment or sexual assault can be a difficult decision, and that a person must feel safe and confident that any information they share will be treated appropriately. JCU’s policy and procedures are designed to put the wellbeing and needs of the person who has been subjected to sexual harassment or sexual assault first, and will act in line with their wishes.
We encourage any person to let JCU know about any incident of sexual harassment or sexual assault by, or toward, a member of the University community. It is possible to make an anonymous report to JCU, and it is possible to do so without identifying any other person/people involved.
Information provided enables JCU to identify patterns (in behaviours or in areas of the University) and monitor progress towards eliminating sexual harassment and sexual assault. If the identity and contact details of the person subjected to the sexual harassment or sexual assault are provided in the report, information provision and support to that person can be facilitated.
JCU will act in line with the wishes of the person who has been subjected to sexual harassment or sexual assault, if that person has been identified (see the section below on 'Who sees the report' for exceptional circumstances where JCU may be required to act otherwise). In all cases, the incident will be confidentially recorded. The Sexual Misconduct Officers can discuss options for addressing the problem. For example with sexual harassment, depending on what the person wishes, the options could include:
- taking no immediate action;
- the supervisor, or next level manager, or College Dean, resetting expectations about the offending behaviour with the other person/people;
- the requirement for the other person/people to undertake internally provided training;
- an apology being made;
- a complaint being made.
The information will only be accessed by the Sexual Misconduct Officers. Information provided will be confidentially managed, stored and archived in accordance with JCU’s Discrimination, Bullying, Harassment and Sexual Misconduct Policy, Record Management and Information Privacy Policies. Information is kept strictly confidential except in exceptional and very limited circumstances, for example, where there is an immediate and serious risk to others. In such circumstances, JCU may either a) elevate the report to a complaint, or b) notify third parties, such as the Police or child protection authorities.
Reporting information to JCU about sexual misconduct is not the same thing as starting a complaint (for staff) or an investigation (for students).
Reporting information enables support to be provided to someone who has been subjected to sexual misconduct and it enables JCU to identify patterns (in behaviours or in areas of the University). A report does not start an investigation. A complaint is different and may involve an investigation, and University disciplinary processes may be taken against a Respondent. Sexual Misconduct Officers can advise and provide options about making a complaint.
How will a complaint be handled?
A complaint involves a person providing more details about an incident. The level of detail provided will enable JCU to establish whether it is possible to conduct an investigation. The purpose of any investigation is to establish whether, on the balance of probabilities, there has been a breach of JCU's codes of conduct and/or policy and related procedures. This is different to criminal cases where judicial decisions are made on whether a person has broken the law beyond reasonable doubt, which is a higher evidentiary standard of proof. Regardless of whether a person is charged or not, or convicted or not of a crime, a person may face disciplinary proceedings if breaching JCU's codes and policies.
How does Natural Justice apply?
Natural justice (also known as procedural fairness) is concerned with the rights and procedures used by a decision-maker in making a decision, rather than the substance of the decision made. It requires a fair and transparent process. All parties named in a complaint are afforded natural justice.
Natural justice requires:
- The right to be fully apprised of the allegation(s), including the particulars of the allegation(s);
- The right to be heard;
- The right to be treated without bias or conflict of interest;
- A decision based on evidence.
These rules involve complainants and respondents having a reasonable opportunity to prepare and present a case, and to have their cases considered justly.
Possible outcomes of an investigation process?
Outcomes of the investigation process can include disciplinary action or other resolutions. Depending on the severity and implications of any breach of JCU's codes, policy and procedures, sanctions may include legal action, a formal warning, retraining, and/or other disciplinary action (such as suspension or termination of employment for staff, or suspension or exclusion from the University for students).
Investigation processes for all permanent and fixed-term staff will follow the processes outlined in the Employee Handbook (see Clause 3.11.2 Misconduct, Bullying, Discrimination, Harassment and Sexual Misconduct Procedure and Clause 3.11.3 Disciplinary Actions for Grievance, Misconduct, Bullying, Discrimination, Harassment and Sexual Misconduct). Allegations in a formal complaint process that the University's codes or policies have been breached will be provided in writing, with the respondent having a set amount of time to respond, before a decision is made and any disciplinary action taken. Precautionary measures, such as suspension, can be made as appropriate during this process. Similarly, disciplinary proceedings for students will follow the Student Code of Conduct. All communications are strictly confidential to the parties involved.
What happens if a complaint is being investigated by JCU and criminal proceedings commence?
If JCU commences an investigation, and the person decides to pursue criminal proceedings, JCU will suspend its investigation, but will continue to provide support to the person affected in all cases. JCU may recommence its investigation if, for whatever reason, the criminal process ends.
Will the JCU community be advised if a staff member or student has been subjected to disciplinary action for Sexual Misconduct?
No, investigations and disciplinary proceedings and outcomes are confidential to the parties involved. JCU does not provide details to the media or others on any individual matter concerning staff or students. It is not appropriate or professional for staff or students to discuss the circumstances of particular cases, as this constitutes gossip and speculation.
Who can make a complaint?
Any person can make a complaint. It is not possible to make anonymous and third party complaints, as JCU would be unable to proceed with an investigation due to lack of evidence from the individual who was directly subjected to the sexual misconduct, or where proceeding would not allow for procedural fairness or natural justice.
What guidance is there for staff who have been accused of sexual misconduct?
Who can support me with making a complaint?
The decision to make a complaint can be complex, and the Sexual Misconduct Officers can provide support in making that decision. The Sexual Misconduct Officer will provide advice on the procedures set out in the Employee Handbook, and other relevant Codes, Policies and Agreements.
You are able to provide information anonymously by completing the online Sexual Misconduct Form, but the actions that are possible in response to anonymous information is limited.
Sexual Misconduct Officers can assist people to access support, and/or make a report or complaint in line with the Dignity Policy (Policy Against Bullying, Discrimination, Harassment and Sexual Misconduct) and the Grievance Misconduct Policy (for staff) or the Sexual Misconduct Procedure (Non-Academic) (for students).
It is always up to the person who has been subjected to the sexual harassment or sexual assault to decide if they wish to report to Police. The specialist Sexual Assault Services can provide support in making that decision. (Note: there are exceptional and very limited circumstances when JCU may make a report directly to Police, for example, if there is an immediate and serious risk to others).
You can report sexual assault or sexual harassment to the Singapore Police Force at any time. Call 999 for immediate assistance or visit the nearest Neighbourhood Police Centre to speak with a police officer.
Who can complete a Sexual Misconduct Form
We encourage any person to report any incident of sexual harassment or sexual assault by, or toward, a member of the University community.
You can:
You can provide information on an incident that you have been subjected to. You are able to, but do not have to, identify yourself or the other people involved in the incident. You are able to provide as much or as little information as you feel comfortable to share.
You can provide information that someone has disclosed to you. You should advise the person who has disclosed to you that you are providing a report. You must NOT provide details that could identify the person unless you have their consent to do so.
You can provide information on an incident that you are aware of through other means, for example, you were a bystander, or have been made aware of indirectly, (such as sexual harassment that happened to someone else in a lecture that you attended, or a sexual assault being shared on social media) you can provide any details without approaching or contacting the people who are directly impacted or involved.