Making a Complaint
We encourage any person to make a complaint, at any time, about any incident of sexual harassment or sexual assault by a member of the University community.
Remember: You can report sexual harassment or sexual assault to Queensland Police at any time. It is possible to make an anonymous report to Police. You can also report incidents of sexual harassment to the Queensland Human Rights Commission.
There is a difference between making a complaint and making a report to the University. A complaint may only be made in relation to conduct of members of the University Community and is a process that involves an investigation that may result in disciplinary outcomes.
A report lets the University know that an incident has happened, and if the person affected is identified, ensuring that person has the support they need to continue studying and working. Typically, a report is made before a complaint is made but is possible to make a complaint in the first instance.
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 Bullying, Discrimination, Harassment and Sexual Misconduct Policy and Sexual Misconduct Procedure, and other relevant Codes, Policies and Agreements.
A person making a complaint and a person who is responding to allegations will have access to support from different Sexual Misconduct Officers.
Any person making a complaint or responding to allegations can have a representative or support person present when attending any meetings.
If JCU commences an investigation, and a 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.
Note: In criminal cases judicial decisions are made on whether a person has broken the law ‘beyond reasonable doubt’, which is a higher evidentiary standard of proof than the ‘balance of probabilities’ standard that is used by Universities in determining if a person has breached a University’s policies.
We acknowledge that making a complaint about sexual harassment or sexual assault can be a difficult decision, and that a person must feel safe and confident that any a complaint they make 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 the University will act in line with their wishes to the greatest extent possible.
Trauma-informed practice is at the heart of JCU’s approach. It prioritises the safety, choice, and control of individuals impacted by sexist behaviours, sexual harassment, and sexual assault. It ensures that both individual and institutional responses are sensitive and do not cause further harm. This approach is supported by the following principles:
- Consistent Communication and Trustworthiness: Maintaining clear, honest, and consistent communication to establish and uphold trustworthy processes and responses.
- Empathy and Compassion: Responding with compassion and understanding to individuals’ experiences.
- Personal Autonomy, Choice, and Empowerment: Prioritising safety, choice and control to ensure any person impacted has a voice in their engagement with the University.
- Strength-Based Approach: Focusing on people’s strengths, respecting and valuing diversity.
Any person can make a complaint. It is possible to make anonymous and third party complaints, but JCU may 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.
Being accused of Sexual Misconduct is a serious matter and can be a traumatic experience. The University’s Duty of Care applies to all parties named in Complaints related to Sexual Misconduct. The University follows due process and natural justice in the interests of all parties.
Detailed advice is set out here.
The University can impose precautionary measures in response to a report or complaint or at any time there is a concern for health and safety. Precautionary measures may only be put in place if they are reasonable and proportionate. Before any person has precautionary measures applied to them, they will have the opportunity to explain why they ought not be imposed. Precautionary measures end 28 days after they are imposed if no allegation letter is given to the person to whom the measures apply in that time, or at the end of a disciplinary process. Precautionary measures include but are not limited to suspension from campus; distance orders, or directions to leave on-campus accommodation.
A complaint process will be closed if there is insufficient information to proceed or if a determination is made that some or all of the allegations are not proven.
If the Director Human Resources or Director Student Services determines that a respondent engaged in Sexual Misconduct, the outcome of the complaint 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, direction to undertake training, remedial action, and/or other disciplinary action (such as suspension or termination of employment for staff, or suspension or exclusion from the University for students).
For students, the Director Student Services determines the appropriate and proportionate penalty.
For staff, the Director Human Resources determines as part of their decision whether the Sexual Misconduct also constitutes misconduct or serious misconduct under the Enterprise Agreement. The Director Human Resources makes a recommendation regarding appropriate disciplinary action to the relevant Deputy Vice Chancellor.
All communications are strictly confidential to the parties involved.
All people are encouraged to seek the advice of a Sexual Misconduct Officer when considering the option to make a complaint.
The first step is to advise a Sexual Misconduct Officer or the Chief of Staff of the decision to make a complaint. A Sexual Misconduct Officer will provide a single point of contact during the complaint process. A different Sexual Misconduct Officer will provide support and be a point of contact for any person who is responding to a complaint.
The Sexual Misconduct Officer will coordinate and confirm with the Chief of Staff that:
- information on the complaint process, including implications for the complainant have been provided.
- support services are in place.
- that a safety and risk assessment is in place.
- consideration of accommodations and precautionary measures is given.
- any requirement to notify external bodies is met (for example, Public Interest Disclosures or the Crime and Corruption Commission).
Once the considerations outlined above have been made, the Chief of Staff will refer the complaint to either the Director Human Resources (for staff respondents) or Director Student Services (for student respondents) for investigation.
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.
Any concerns should be directed to a Sexual Misconduct Officer.
After the complainant has advised a Sexual Misconduct Officer and/or the Chief of Staff of the decision to make a complaint, and the steps outlined in the ‘how to make a complaint’ section above have been taken, the next step is a Preliminary Inquiry.
A Sexual Misconduct Officer will remain as a single point of contact throughout the following process, noting that the process involves speaking with a person who will undertake a preliminary inquiry.
Preliminary Inquiry
The Director Human Resources or Director Student Services will order a preliminary inquiry to be undertaken by either a person within the University or an external person. The person undertaking the preliminary inquiry will meet with the complainant to take a statement determining the relevant aspects of the complaint, including potential witnesses and other information that may be available, including outcomes expected of the complaint.
The preliminary inquiry is to determine whether sufficient information is available to prepare a letter of allegation(s). The person undertaking the preliminary inquiry can request the University provide certain documents or information, interview witnesses, and request witnesses provide certain documents or information.
Once the preliminary inquiry is concluded, the Director Human Resources or Director Student Services will consider the recommendations of the preliminary inquiry and make a decision on whether to issue an allegation letter. If a decision is made that there is insufficient information to progress the complaint, it will be closed and the complainant will be notified. The decision to close a complaint can be appealed.
Allegation Letter, Further Inquiry and Decision
If the Director Human Resources or Director Student Services issue an allegation letter, the respondent has the opportunity to provide a written response by a set date (two weeks). The response is considered as part of determining the outcome of the complaint.
On receipt of a written response by the respondent, the Director Human Resources or Director Student Services may order further inquiry be undertaken with the complainant or respondent.
The Director Human Resources or the Director Student Services will decide if, on the balance of probabilities, the respondent’s conduct amounts to Sexual Misconduct in breach of the Bullying, Discrimination, Harassment or Sexual Misconduct policy.
The National Student Ombudsman commenced operations on 1 February 2025 and provides an avenue for students to register concerns about their University's actions.
The Tertiary Education Quality and Standards Agency oversees universities’ compliance with national threshold Standards, which include requirements that universities foster ‘a safe environment’, have policies ‘that deliver timely resolution of formal complains’, and that students are informed in writing of the outcome of a complaint and the reasons for it. If you believe the university has breached one of the Standards, you can submit a complaint to TEQSA.
You can also make a complaint to the Queensland Human Rights Commission.
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.
Students can appeal any determination made by the Director Student Services in accordance with the University’s Student Review and Appeals Policy and Complainant and Conduct Decision Appeal Procedure.
A Staff Member or Affiliate Respondent may, with the exception of a censure, prepare a written submission to the Vice Chancellor as to why the determination made by the relevant Deputy should not be imposed in accordance with the JCU Enterprise Agreement.
Information provided through a complaint process 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. Complaints are 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 notify third parties, such as the Police or child protection authorities.
Timeframes for investigating and making a determination of a complaint will be as expeditious as possible in taking a trauma-informed approach to meeting the needs of the complainant and respondent. All parties will be kept fully informed of timeframes during a complaint process.