Concerning Behaviour Assessment and Intervention Policy

1. Purpose

1.1 The Concerning Behaviour Assessment and Intervention Policy (the policy) outlines UTS’s process for responding to concerning behaviour on campus in support of a safe and respectful community. 

2. Scope

2.1 This policy applies to UTS staff, students and affiliates.

3. Principles

3.1 UTS staff, students, affiliates and visitors (hereafter the UTS community) have a responsibility to act in a safe and respectful manner as outlined in the Student Rules and Policies.

3.2 UTS has made a commitment to the health, safety and wellbeing of its staff, students and visitors as outlined in the Health, Safety and Wellbeing Policy. If a member of the UTS community is impacted by the conduct of another community member, UTS will review the conduct and may intervene to ensure a safe and respectful campus.

3.3 Anyone speaking up about concerning behaviour should do so in good faith. Any false or misleading reporting may be considered misconduct and result in disciplinary action.

4. Policy statements

Speaking up about concerning behaviour

4.1 UTS community members are encouraged to report any behaviour that may present a concern, no matter how big or small the issue may be, by contacting Security and Emergency Management by dialling 6 from a campus phone or calling 1800 249 559.

4.2 Security and Emergency Management may, as appropriate:

1. manage the behaviour in line with the Campus Policy or as a critical incident in line with the Critical Incident Response Policy
2. refer reports of concerning behaviour for management under one of UTS’s response processes (refer Speak up at UTS), and/or
3. where a complex risk or behaviour is identified, refer the concerning behaviour to the Director, Safe and Respectful Communities or nominee for assessment by a Community Assessment and Response Evaluation (CARE) team.

Community Assessment and Response Evaluation team 

4.3 The Director, Safe and Respectful Communities or nominee will establish a CARE team from the relevant panel members within 24 business hours of the referral. The CARE team will undertake a holistic and considered assessment of the reported incident of concerning behaviour focusing on the safety of both the individuals involved and the wider UTS community.

4.4 The CARE panel comprises:

1. Director, Safe and Respectful Communities or nominee (Chair)
2. Director, Student Services Unit
3. General Counsel and Executive Director, Risk and Compliance (or nominee)
4. Executive Director, People and Culture (or nominee)
5. Head of Security and Emergency Management, and
6. additional UTS subject matter experts invited by the Chair to attend or provide advice (based on the specifics of the referral) or support the operations of CARE.

4.5 Incidents are assessed case-by-case. In undertaking an assessment, the CARE team may:

1. consult with staff and/or students with relevant experience as appropriate (for example, UTS International, Jumbunna, Accessibility Services, a faculty member or student leader) to get a better understanding of, or gather further information about, the reported behaviour and any resulting incident
2. review relevant information where appropriate to understand the relevant risks (in line with the Privacy Policy)
3. recommend appropriate interventions and management strategies to mitigate community or individual risks
4. recommend appropriate community support be provided to staff and/or students  (for example, via the Employee assistance program (SharePoint), health and wellbeing partners (available at Health safety and wellbeing (SharePoint), Counselling service and self-help, safety caseworkers and/or Student support)
5. recommend further investigation, and/or
6. where potential misconduct is identified, refer the complaint to the Manager, Student Misconduct and Appeals and/or the Executive Director, People and Culture to consider application of the Student Rules or Enterprise agreements as appropriate.

4.6 On the recommendation from CARE, an appropriately qualified investigator will be appointed in line with the Delegations. Investigations may be managed in line with this or another UTS policy (including but not limited to the Gender-based Violence Prevention and Response Policy, the Australian Health Practitioner Regulation Agency Reporting Procedure, the Whistleblowing and Public Interest Disclosures Policy and/or the Child Protection Policy), the Student Rules and/or the relevant Enterprise agreement as appropriate.

4.7 Investigation findings will be reviewed by the CARE team to implement or refer any additional interventions, support mechanisms, threat management plans, monitoring plans, misconduct processes and/or any other strategies to manage or respond to the behaviour and/or its impacts.

Privacy, data and records 

4.8 For each referral, the Chair will keep a confidential case report to document:

1. the CARE team members and others consulted
2. the steps undertaken by CARE in assessing the behaviour
3. the recommendations put forward by CARE and/or following an investigation or misconduct process
4. the outcomes of the recommended process
5. when the case was closed, and
6. any residual risks or ongoing actions.

4.9 Information and records related to a referral to CARE are managed in line with the Privacy Policy and the Records Management Policy.

CARE data and reporting 

4.10 The Chair will, on an annual basis or as otherwise required, using anonymised data in line with the Privacy Policy, report to the University Leadership Team, Council and government or government agencies on the following:

1. case numbers (by area and demographics)
2. types and categories of concerning behaviours
3. response mechanisms and resulting outcomes, and
4. identified trends.

5. Roles and responsibilities

5.1 Policy owner: The Director, Safe and Respectful Communities or nominee is responsible for policy enforcement and compliance, ensuring that its principles and statements are observed. The Director, Safe and Respectful Communities or nominee is also responsible for the approval of any associated university level procedures.

5.2 Policy contact: The Director, Safe and Respectful Communities or nominee and Head of Security and Emergency Management, as standing members of the Community Assessment and Response Evaluation (CARE) team, are responsible for the implementation of this policy and act as primary contacts for advice on fulfilling its provisions.

5.3 Implementation and governance roles:
CARE panel members (and subject matter experts as appropriate) are responsible for acting in line with this policy, the Code of Conduct and the Conflicts of Interest Disclosure Policy and will receive ongoing training in assessing and managing concerning behaviour. The CARE panel members will meet at least once per year to agree meeting procedures, propose changes to membership or this policy.

CARE teams will meet as required (in response to an incident or as otherwise determined by the Chair).

6. Definitions

The following definitions apply for this policy. These are in addition to the definitions outlined in Schedule 1, Student Rules. Definitions in the singular also include the plural meaning of the word.

Concerning behaviour may include any conduct that could reasonably be interpreted as inappropriate, worrying, threatening, aggressive and/or intimidating. It can include actions, statements, behaviour or other expressions that may threaten the health, safety and/or wellbeing of an individual (including themselves), the community and/or to property.