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Purpose | Scope | Principles | Reporting, disclosure and immediate response | Responding to reports | Reporting to the police and other external agencies | Further information | Roles and responsibilities | Definitions | Approval information | Version history | References | Appendix 1: Disciplinary and appeals processes and principles

Content warning notice 

This procedure talks about gender-based violence, which may be distressing to read. If you would prefer to discuss the content of this procedure with support, please contact the Safe and Respectful Communities team (refer Respect at UTS).

Immediate help and emergency support

If you are in immediate danger, risk of harm or require medical attention:

  • Call 000 for emergency services.
  • Call 1800 249 559 or 6 from any campus phone for UTS Security and Emergency Management.

Refer to How to come forward to UTS for other reporting options or to Respect at UTS for internal and external options. 

Immediate report to police

If you wish to make a report directly to the police, you may do so at any time via the 24-hour NSW Police Assistance Line on 131 444. Sexual assaults may also be reported anonymously to the NSW Police by completing the Sexual Assault Reporting Option (SARO) form. 

Notice on use of language

In this procedure, UTS aims to support all individuals who choose to make a gender-based violence complaint through their lived experience. The procedure adopts the neutral labels of ‘complainant’ and ‘respondent’. These terms are collective nouns used to encompass a variety of individuals who make and respond to a claim of gender-based violence, and ensure that no person to such a claim is unfairly prejudiced.

‘Complainant’ includes any person disclosing or reporting an incident of gender-based violence, including any person with them or making a complaint on their behalf (including family, friends, counsels, safety caseworkers and legal professionals, as appropriate). The term is not intended to, and does not seek to, minimise an experience of gender-based violence.

‘Respondent’ on the other hand includes any person responding to allegations put forward by a complainant, including the individual who is the subject of the complaint, an alleged perpetrator and/or any person working on their behalf (including family, friends, counsels, safety caseworkers and legal professionals, as appropriate).

1. Purpose

1.1 The Gender-based Violence Response Procedure (the procedure) outlines:

  1. how to make a disclosure or report (complaint) about gender-based violence, and
  2. what will happen following a disclosure or report. 

1.2 The procedure supports the Gender-based Violence Prevention and Response Policy (the policy).

2. Scope

2.1 The scope outlined in the policy applies for this procedure. 

3. Principles

UTS response principles 

3.1 In addition to the principles outlined in the policy, the following principles apply to gender-based violence response activities:

  1. No incident or matter is too small and UTS will listen without judgement.
  2. Any person may make a disclosure or report to UTS.
  3. While UTS endeavours to meet the requirements of the policy and the national code, the needs of our community will always come first. We will be person-centred and follow due process in all our response activities.
  4. UTS will work with, and provide support to, both complainants and respondents as well as any person working on their behalf. Complainants and respondents will be provided with different safety caseworkers.
  5. When managing a complaint, the input of the complainant and respondent will be taken into consideration, where possible and permitted by law.  
  6. UTS will act to protect the safety of the UTS community. This may include, for example, making a police report or prohibiting or limiting access to the UTS campus or specific areas of campus.  
  7. The Code of Conduct and the Student Rights and Responsibilities Policy apply at all times. This extends to all parties involved in a complaint relating to gender-based violence, taking into consideration the importance of respectful behaviour, privacy requirements, fairness and due process as part of a support, resolution, investigation or disciplinary process.

Principle of active bystanding 

3.2 UTS encourages the UTS community to be active bystanders and to intervene in gender-based violence incidences where it is reasonable and safe to do so. This can also include: 

  1. calling out disrespectful behaviour, inappropriate language or actions in our work and learning environments, and/or
  2. disclosing any concerns to UTS in line with this procedure where it has not been possible to intervene at the time. 

Principle of empathy

3.3 UTS takes a trauma-informed and person-centred approach to gender-based violence complaints, putting the person and the community first. It is expected that any person receiving a complaint responds with empathy. Refer How to respond when someone tells you about gender-based violence for guidance on how to respond. 

4. Reporting, disclosure and immediate response procedures

Making a complaint or seeking help 

4.1 The national code and UTS use the terminology of ‘disclosures’ and ‘reports’ (refer Definitions) which describe the different ways in which complaints related to gender-based violence are managed. Disclosures and reports are collectively referred to as complaints in this procedure.

4.2 This section of the procedure talks about how to come forward or make a disclosure or a report about gender-based violence to UTS. Disclosures and reports may be made anonymously (refer Anonymous complaints). 

4.3 The person coming forward to make a disclosure or a report is referred to as a ‘complainant’. 

4.4 Both disclosures and reports will result in appropriate action taken by UTS, in consultation with the complainant, but there are some differences in the types of actions. 

4.5 If you are not sure whether you want to make a disclosure or a report, you are welcome to speak to us to seek advice or to just talk through an issue. If you are ready to make a disclosure or a report you can skip to How to come forward to UTS. Otherwise, more information on disclosures and reports is provided below.  

4.6 UTS will listen to all complaints without judgment and work with you to agree any necessary support or next steps. 

Disclosures: Informal complaint with support options 

4.7 A disclosure is the informal process of reaching out to, or confiding in, UTS or someone you trust about an incident, issue or concern relating to gender-based violence. 

4.8 You can disclose on your own behalf, or on behalf of someone else who needs help or assistance, and disclosures may be made about something you have experienced or something you have witnessed. Remember, no problem or concern is too small to raise with us. You can make a disclosure first and, at any point, decide to escalate to a report. UTS will support you through this process.  

Reports: Formal complaint about an incident of gender-based violence 

4.9 Making a report is a formal complaint to UTS of an incident of gender-based violence. When you make a report, it results in a more formal response from UTS in the form of an investigation process which may proceed towards a disciplinary action or another resolution process.  

4.10 When you make a report, you may at any point change your mind and request that your case be managed as a disclosure. UTS will support you through this process. 

How to come forward to UTS

4.11 You can make a disclosure or a report (hereafter a complaint) or raise a concern about gender-based violence in the following ways: 

  1. Go to any trusted person in the university and ask them to help you to make a complaint to UTS via any of the below processes.  
  2. Call the gender-based violence support line on 1800 531 626 (9am to 5pm Monday to Friday). UTS Security and Emergency Management will respond outside of these hours.
  3. Call Security and Emergency Management directly on 1800 249 559 or dial 6 from any campus phone or in-person in the Tower building next to the main entry.
  4. Use the gender-based violence portal (the portal) (available at Respect at UTS) to make a disclosure or report. This can be done anonymously.  
  5. Make an appointment for an in-person or over the phone discussion (contact the Safe and Respectful Communities team via email (safety.caseworker@uts.edu.au) or call (02) 9514 1177).

How UTS responds to complaints 

Immediate safety and emergency response

4.12 The immediate priority is to make sure that you (and any others involved) are safe. In emergency situations, UTS’s Security and Emergency Management team will coordinate urgent safety measures and take any actions to make you, other individuals, the community and the campus safe. Once immediate safety is assured, Security and Emergency Management will connect you with the Safe and Respectful Communities team. 

Caseworker assignment and next steps

4.13 A safety caseworker will be assigned to work with you by the end of the next business day following the complaint being lodged with, or triaged to, the Safe and Respectful Communities team. The same safety caseworker will stay with you for the duration of the case management process, however, you can request to change your safety caseworker at any time.

4.14 The safety caseworker will undertake a risk assessment to ensure your safety and wellbeing. Risk assessments allow UTS to determine appropriate safety measures that may be required in response to the complaint and may be undertaken together with other relevant staff (for example, faculties or the UTS Housing Service). Where complex risks or behaviours are identified, the incident may be referred to the Community Assessment and Response Evaluation (CARE) team to put in place immediate responses (refer Concerning Behaviour Assessment and Intervention Policy). 

4.15 Your assigned safety caseworker will undertake one or more of the following, as guided by you, the complainant: 

  1. Work together to develop a better understanding of the incident or issue and its impacts (for yourself and for others as appropriate). In some cases this may result in implementing further risk mitigations or working with others (for example, the UTS Housing Service or faculties) and/or the submission of a Hazard and Incident Reporting Online (HIRO) report, omitting any identifying details.
  2. Collect any new or additional information and/or evidence to help understand the nature of the incident or issue. This may involve documenting the events surrounding the incident or situation (for example, a timeline of events, noting the location or locations, who was present and other situational information that may help build a case file) and/or collecting any relevant documents (for example, text messages, emails, letters or notes). This is sometimes referred to as evidence gathering, where the complaint is considered a report.
  3. Agree some goals and next steps which will later be captured in a support plan (refer Support plan).
  4. Discuss whether to classify the complaint as a disclosure or a report and any obligations on UTS to escalate where relevant.

Supplementary support options

4.16 Supplementary support may help to address potential barriers to disclosure or reporting, or language, cultural and/or accessibility impacts. Within UTS, additional supplementary support may be provided on request from one or more of the following areas:

  1. Jumbunna (for Indigenous students)
  2. ActivateUTS
  3. UTS College staff
  4. academic liaison officers
  5. Student Services Unit (including medical support, counselling and accessibility services)
  6. student leaders
  7. Centre for Social Justice and Inclusion
  8. People Unit
  9. UTS chaplains
  10. Security and Emergency Management
  11. UTS Library, or
  12. any other trusted friend, colleague, advisor or relative of your choosing. 

4.17 A supplementary support person may work together with you (or the respondent) and the safety caseworker or may act as liaison between you (or the respondent) and the safety caseworker. 

4.18 Complainants retain the right to speak about their lived experiences and to access support either via UTS or a means of their choosing at any time, including external supports. This includes disclosing the existence and nature of the complaint to a trusted person or people internal or external to UTS. This may include, but is not limited to: 

  1. health professionals
  2. legal professionals
  3. the police
  4. trusted friends or family
  5. any other preferred external supports. 

4.19 In exercising this right, complainants may seek advice from UTS or others on the impact of disclosing information during an investigation or a misconduct process to ensure it does not impede procedural fairness or disrupt the investigation outcome. 

Note on language 

4.20 From this point, the procedure is written in the third person (meaning we no longer refer to ‘you’ or ‘them’ or ‘we’). This is to provide clarity about the process, responsibilities and the individuals who are involved. You may prefer to read this with a safety caseworker or a trusted person.   

Support plan 

4.21 Support at UTS takes an integrated care approach, which aims to provide agency to the complainant, helping them to recover and re-establish normal activities within and outside UTS. Safety caseworkers will work with complainants to develop a support plan.

4.22 A support plan may be developed and implemented in consultation with other areas of the university and can include one or more of the following: 

  1. Putting in place, for as long as required, risk mitigations and safety measures identified as part of the risk assessment.
  2. An identified academic or professional outcome or goal that helps navigate a complainant towards individual success. This could include, for example, completion of a degree or re-establishing normal work duties. It could also include a decision to escalate to a report. This outcome or goal may also guide any preferred resolution or process adjustments which may include mediation, a restorative justice approach or other mechanisms. These may require additional internal or external expertise to implement which will be coordinated by the Safe and Respectful Communities team.  
  3. Required practical, academic, study, work or professional adjustments in response to identified safety needs or goals, which may include but are not limited to alternative teaching, research, research supervision, employment or housing arrangements, club memberships or associations, special considerations, extensions, leaves of absence and/or ensuring complainant and respondent interaction is managed or avoided as necessary to ensure ongoing safety. Where appropriate, staff may also be entitled to leave, which includes domestic or sexual violence leave (refer UTS Staff Agreement). Students may be entitled to reasonable provisions and flexibility to support their academic goals (for example, a leave of absence or variation of enrolment, addressing mandatory attendance requirements, special exam provisions and/or providing assessment extensions) (refer Student Rules).
  4. A program of care to incorporate any counselling, medical, psychosocial wellbeing or pastoral supports. This could also include ongoing counselling provided by UTS or an external provider, any additional services or supports to address areas of intersectionality, the use of the Employee Assistance Program (EAP) and/or support from the Indigenous EAP program Yamurrah.
  5. A clear communication schedule that will determine when and how often safety caseworkers should provide updates and reassurance without overwhelming the complainant (or the respondent).
  6. In the case of a disclosure, providing information about escalating to a report (refer Additional procedures for responding to reports).
  7. In the case of a report, information on the investigation process.

4.23 Risks will be monitored throughout the case management process with any changes appropriately managed. Safety caseworkers will communicate these to the complainant and/or the respondent. Advice on confidentiality will be provided in line with the policy. 

Case management for respondents

4.24 Where a respondent has been identified, a separate safety caseworker will be assigned to: 

  1. help them understand the nature of the complaint
  2. explain the steps UTS must take to manage any risks or safety concerns
  3. develop a support plan and provide access to additional services to address areas of intersectionality, and/or
  4. provide information on internal and external reporting and potential disciplinary processes as relevant.

4.25 Respondents can also access information and support from their safety caseworker and/or from supplementary supporters to help them navigate any investigations and/or disciplinary proceedings.

4.26 The provision of support plans for respondents may be subject to and/or limited by legal and other external processes, and/or the relationship of the respondent to UTS. Where possible, the safety caseworker will work with the respondent to outline a plan that:

  1. addresses the identified safety concerns arising from the risk assessment including managing residual or ongoing risks
  2. provides details on external supports, including health, practical and legal support
  3. provides academic or work adjustments in support of the complainant’s wishes or to support the respondent
  4. helps the respondent to understand any disciplinary processes or sanctions, where relevant, and how to navigate these processes, and/or
  5. outlines an appropriate care program that may also include access to early intervention programs, further education, training and/or awareness activities where this need has been identified. 

Further triage and management options

4.27 In some cases, an assessment (or an investigation) of the complaint may determine that the case does not fall under the definition of gender-based violence. In this instance, the complaint will be triaged to the appropriate area for management. This may include, but is not limited to, management as a staff or student complaint, or for management under another policy (for example, the Child Protection Policy or the Modern Slavery Policy). 

4.28 Similarly, if UTS receives a complaint via another mechanism that indicates gender-based violence, this will be triaged to the Safe and Respectful Communities team for management. At all times, appropriate support will be provided to the complainant, and data will be managed confidentially.

5. Additional procedures for responding to reports

Deciding to make a report

5.1 Normally, a complainant will decide whether to make a report or a disclosure. This can be done alone or in consultation with, and advice from, a safety caseworker. 

5.2 In some cases, UTS may determine that a disclosure requires escalation to a report for investigation. This may arise where there is a risk to the people involved, to the wider university community and/or to support a mandatory report to the police (refer Procedures for reporting to the police and other external agencies). 

Investigating a report 

5.3 In addition to undertaking a risk assessment and providing a support plan, UTS is required to investigate all reports in line with the national code. In undertaking investigations, the following apply: 

  1. All reports involving respondents who are UTS students, staff or affiliates will be investigated by UTS, regardless of the context in which the incident occurred.
  2. For reports that have no connection to UTS, other than the status of the respondent as a staff member or student, UTS will consider the safety and wellbeing of the UTS community in determining the scope of the investigation.  
  3. The extent to which an investigation can take place, or will yield an outcome, may be inhibited where the complainant and/or respondent is not identified.
  4. Allegations of misconduct or serious misconduct against a staff member will apply the requirements of the relevant Enterprise agreement or contract of employment.
  5. Allegations of misconduct or serious misconduct against a student will apply the requirements of the Student Conduct Rules. 

5.4 An investigator will be appointed by an authorised delegate (refer Delegations), taking into consideration any potential conflicts. Investigators: 

  1. must be an appropriately qualified person (as outlined in the national code) either internal or external to the university with knowledge of gender-based violence risks, patterns, types (including coercive control) and impacts, including how this is experienced by different groups (for example, the impact of intersectionality on both complainants and respondents)
  2. must be mindful of workplace safety legislation, privacy legislation, procedural fairness obligations, the presumption of innocence under the law and the need to avoid interference with police investigations
  3. must be mindful of the need to respond in a trauma-informed manner and for UTS to provide support for people involved in an incident, allowing them to be accompanied by a support person during any discussions
  4. must manage records, data and privacy in line with the Records Management Policy and the Privacy Policy
  5. must never request physical evidence (in line with the national code) (refer also Providing and requesting information)
  6. must never require students to sign explicit confidentiality terms (including a non-disclosure agreement), and
  7. may work with internal and external subject matter experts to seek advice and address risks where necessary, taking into account privacy and due process. 

5.5 Safety caseworkers will support the investigation process, including:

  1. communicating decisions to investigate a report of gender-based violence to the complainant and the respondent in writing on the same day, with the complainant notified first
  2. providing clear guidance to all parties regarding appropriate conduct throughout the investigative process, including explicit prohibitions on victimisation, harassment and interference with the investigation process
  3. maintaining ongoing communication with complainants and respondents during the investigation (refer Communication to complainants and respondents), and
  4. adjusting the support plan as required during the investigation and following the outcome of any investigation.

5.6 As part of a report, complainants may wish to make specific allegations against a respondent which may support the investigation process. To support any disciplinary processes, and make an allegation of misconduct, the minimum information required from the complainant is a record of the respondent’s observed or alleged behaviour and supporting evidence. Supporting evidence includes, but is not limited to:

  1. a signed written statement from an identifiable person containing sufficient detail to link the respondent with the observed or alleged behaviour, and/or
  2. surveillance footage, images, screenshots, printed material, computer file, audit trail or legally obtained audio recording containing sufficient detail to link a respondent with the observed or alleged behaviour, and/or
  3. multiple accounts of concerning behaviours from the respondent containing sufficient detail to link the respondent with the observed or alleged behaviour.

Investigation outcomes and recommendations

5.7 Investigators will provide multiple pathways for report management following an investigation to ensure proportionate and safe responses. The recommendations resulting from an investigation will be provided to the Director, Safe and Respectful Communities and may include one or more of the following: 

  1. a resolution that has been agreed in consultation with the complainant and the respondent together with management steps and a timeline (this may include ongoing support, possible learning opportunities for the respondent and other mechanisms)
  2. an agreement that the matter does not constitute gender-based violence and may be best managed and supported via a different UTS mechanism (for example, issues of modern slavery or child protection)
  3. the implementation of any safety measures or mitigations ongoing for a recommended time that manage the impact of the incident
  4. disciplinary proceedings and their outcome and any known status of relevant appeals processes (refer Appendix 1)
  5. a decision not to initiate disciplinary proceedings, outlining the issues encountered, including a rationale for why any stated and documented complainant or community requests for disciplinary proceedings could not be met and provide possible alternative solutions or support mechanisms
  6. information on mandatory police reports or other external reports (refer Procedures for reporting to the police and other external agencies), noting that these may be in addition to, or instead of, an internal disciplinary process as appropriate, and/or
  7. any proposals for rule, policy, procedural or process changes for UTS. 

Investigation timing and extensions 

5.8 Investigations (including the completion of any disciplinary processes where possible and relevant) will normally be completed within 45 business days of the report being made unless circumstances prohibit completion during this period and an extension is approved. 

5.9 Any prohibiting or exceptional circumstances must be reasonable, documented and communicated appropriately, and include but are not limited to: 

  1. the impact of any external or criminal processes on the timing and appropriateness of the internal investigation and/or disciplinary processes (noting these may have an impact on, and will normally take precedence over, the timing or possibility of UTS investigations)
  2. unavailability of key witnesses
  3. where evidence is presented that impacts the basis or scope of the investigation, and/or
  4. requests from the complainant to delay an investigation and/or extend the timing of the investigation (which may be made for any reason). 

5.10 Investigation extensions may be approved by the Vice-Chancellor. These may be granted where a new and reasonable submission date has been put forward and it is: 

  1. the preference of the complainant to allow extra time for investigation
  2. required to meet the procedural fairness obligations to all parties, and/or
  3. required for an external report or investigation.

Communication to complainants and respondents 

5.11 The assigned safety caseworkers will notify the complainant and the respondent in writing, on the same day, any of the following as relevant: 

  1. that an investigation has commenced (refer Investigating a report)
  2. that an investigation has concluded
  3. the outcome of the investigation, including where there are no outcomes
  4. for the complainant, any sanctions resulting from a disciplinary process where relevant (refer Appendix 1) and the reasons for these outcomes (noting that the respondent will receive these communications by the decision-maker as part of the normal disciplinary processes)
  5. any appeals processes available following a disciplinary process and their timelines
  6. details of how to make an internal or external complaint
  7. where a police or other external process has impacted an internal investigation or timeline and details about a revised timeline or process where known, providing further support options and an explicit rationale for this decision, and/or
  8. any recommended updates or adjustments to support plans in response to an investigation or its outcomes. 

5.12 The complainant may choose not to receive updates and notifications from UTS regarding the report or investigation at any time. Preferred timing, frequency and methods of communication should be built into the support plan where possible. 

6. Procedures for reporting to the police and other external agencies

6.1 Complainants may make a police report at any stage. Safety caseworkers can provide support and advice to students and staff who wish to make a police report and may accompany them where preferred. 

6.2 In addition to a report to UTS and/or the police, complainants may also make a report to one of the following at any time: 

  1. National Student Ombudsman (for students)
  2. New South Wales Ombudsman (for staff)
  3. Australian Human Rights Commission: Complaints
  4. Anti-Discrimination New South Wales
  5. SafeWork NSW
  6. Fair Work Commission, and/or