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Gender-Based Harm Prevention and Response Policy

Section 1 -  Purpose

(1) The purpose of this policy is to set out the principles underpinning RMIT’s approach to preventing and responding to gender-based harm, and to outline the responsibilities of members of the RMIT community. 

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Section 2 - Overview

(2)  This policy establishes a framework to support and enable the prevention of and response to gender-based harm at RMIT.

(3) The policy defines key concepts such as consent, gender-based harm, gender-based violence, sexual harm, sexual harassment and sexual assault, disclosure and response. Additional explanations and examples for these terms are set out in the corresponding resources.

(4) This policy and its corresponding procedures should be read in conjunction with the RMIT policies regarding behavioural standards and conduct listed in Section 7 below. Policies and procedures of relevant third parties may also apply in some circumstances (for example, the policies of industry partners hosting RMIT students on placement).

(5) RMIT acknowledges that the intersection of gender, sexual orientation, Indigeneity, race, economic status, ability, or other factors can compound the impact of gender-based harm, resulting in certain groups of people being more vulnerable than other groups to the effects of gender-based harm, violence, discrimination and harassment.

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Section 3 - Scope

(6) This policy applies to all staff, students and associates (RMIT University Council members, representatives, and volunteers) of the RMIT Group, which is RMIT University and its controlled entities – RMIT Europe, RMIT Online, RMIT University Pathways and RMIT Vietnam.

(7) This policy also applies to prospective students who have applied or are attempting to apply or are in the process of enrolling at RMIT.

(8) Staff, students or associates who have left the organisation are subject to this policy if they are the subject of an investigation.

(9) Third parties are in the scope of this policy where there is a connection with RMIT such as when engaged in activities with or for RMIT, or when attending RMIT premises such as:

  1. contractors, tenants, licensees or lessees, and service providers particularly student accommodation/residence
  2. customers and visitors (including research fellows)
  3. international education agents and delivery partners
  4. people in partner organisations in Australia and overseas acting for or on behalf of RMIT in relation to our students and staff (including clubs and societies, and student representative organisations).

(10) All partner organisations must adhere to RMIT policies when delivering RMIT programs and providing services to RMIT students, regardless of international and local regulatory contexts, the independence of partner organisations and commercial considerations. These contextual factors are managed through contract and partner management processes. 

(11) This policy applies at all times when persons are working for, studying, representing or travelling with or for the RMIT Group, including, but not limited to, attending and engaging in RMIT events, functions and activities both on- and off-campus, nationally and internationally.

(12) On-campus refers to:

  1. All RMIT campus, locations, premises and facilities where RMIT business or activities take place
  2. RMIT owned, operated, affiliated or endorsed venues including accommodation.

(13) Off-campus includes activities and events at non-RMIT venues where staff, students or third parties are representing RMIT (e.g. sporting events, cultural events, competitions, placements, conferences). 

(14) This policy also covers behaviour taking place in virtual spaces, online and offline work and study environments not limited to RMIT systems, IT infrastructure or assets.

(15) If gender-based harm is reported as occurring outside the scope of this policy, RMIT will provide referrals to support services as appropriate.

(16) The following policies take precedence over this one to the extent of any inconsistency:

  1. the Child Safe Policy, regarding sexual harm relating to children
  2. the Domestic and Family Violence Procedures, regarding sexual harm in the context of domestic and family violence.
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Section 4 - Policy

Principles

(17) Collective commitment: RMIT is committed to leading long-term social and cultural change to prevent gender-based harm and violence, recognising the urgent need for action.

(18) Zero tolerance: RMIT has zero-tolerance for gender-based violence harm through leadership accountability, clear policies, and comprehensive education.

(19) Leadership: RMIT executives are vigilant in overseeing the application of this policy, fostering a safe environment and a respectful culture, and ensuring continuous improvement of processes to prevent and respond to gender-based harm.

(20) Confidentiality and privacy: RMIT is committed to protecting the confidentiality and privacy of individuals involved in gender-based harm and violence cases, adhering strictly to the Privacy Policy.

(21) Accountability: RMIT prohibits the use of its resources for violence, and prioritises safety with support from the Safer Community team encouraging those who cause harm to seek support.

(22) Procedural Fairness: RMIT ensures procedural fairness with impartial and transparent processes where all parties can present their perspectives and evidence reinforcing trust and justice.

(23) Human Rights: RMIT views all gender-based harm unacceptable and as violations of human rights.

(24) Inclusive and intersectional approach: RMIT acknowledges that diverse identity aspects, such as race, age, and socio-economic background, influence the support needed for addressing gender-based harm and violence. RMIT addresses intersectional needs, ensuring tailored support and interventions.

(25) Trauma-informed: RMIT is committed to a rights-based, victim-survivor centred approach, prioritising the safety and wellbeing of those affected by gender-based harm. This ensures victim-survivors' voices and needs guide all support efforts, fostering an environment of compassion and respect.

(26) Transparency and integrity: RMIT ensures its policy and procedures are evidence-based and maintained according to best practice. They protect against victimisation and support those who make disclosures or reports.

(27) Preventing harm: RMIT has a dedicated prevention team, RMIT Prevention and Respect, to lead all work associated with the prevention of gender-based harm, sexual harassment and sexual assault focused across governance, awareness raising, learning and development, and innovative projects and activities.

(28) Dedicated and supportive response: RMIT Safer Community provides a dedicated response service for students and staff to seek support for gender-based harm, sexual harassment, and sexual assault, or any concerning, unwanted, uncomfortable and/or threatening behaviour. 

Responsibilities

(29) All members of the RMIT community are required to:

  1. role model accountable  and appropriate behaviour in line with the standards outlined in the RMIT Code of Conduct, the Workplace Behaviour Policy, Student Conduct Policy, Student Conduct Regulations, and Staff-Student Personal Relationships Procedure.
  2. promote respectful culture and practice within their sphere of influence.
  3. increase awareness and ensure compliance with relevant policies and procedures.
  4. undertake and complete all mandatory a training and awareness raising to develop skills necessary to support a respectful, safe, and inclusive community.
  5. comply with reporting and record keeping obligations, as required.

(30) The University Executive is responsible for providing a safe, non-violent, gender equal and inclusive environment for all members of the RMIT community.

(31) The Chief Operating Officer (COO), is the central authority for the implementation of this policy and ensuring there is a clear reporting line through central committees and executive bodies, and effective management and oversight by senior management.

(32) Each member of the Vice-Chancellor’s Gender-Based Violence Prevention Advisory Group is accountable for leading the development and implementation of RMIT’s Addressing Gender-Based Violence Strategic Action Plan 2023-2027 within their areas of influence.

(33) Nomination, Renumeration and People Committee regularly examines de-identified data to identify trends and systemic issues and enable RMIT to identify opportunities for improvements and implement changes where required. The Committee provides formal reports and any disciplinary or investigation actions data to the Council.

(34) Managers at RMIT are responsible for providing opportunities for their teams to receive education and training about the principles in this policy to supplement the mandatory training, and taking prompt action where needed in accordance with the procedures under this policy.

(35) The Prevention and Respect and the Safer Community teams in Health, Safety and Wellbeing are responsible for delivering RMIT’s Addressing Gender-Based Violence Strategic Action Plan 2023-2027.

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Section 5 - Compliance

(36) Reports of non-compliance with this policy suite should be made in accordance with the Compliance Breach Management Procedure.

(37) A breach of this policy may result in disciplinary action. Depending on the nature and impact of the breach, other actions may also be instigated, including legal action.

(38) This policy supports RMIT’s compliance obligations regarding:

  1. Australia Human Rights Commission – Guidelines for Complying with the Positive Duty under the Sex Discrimination Act 1984 (Cth) (AHRC)
  2. Charter of Human Rights and Responsibilities Act 2006 (Vic)
  3. Child Wellbeing and Safety Act 2005 (Vic)
  4. Department of Foreign Affairs and Trade (DFAT) Preventing Sexual Exploitation, Abuse and Harassment Policy (2019)
  5. Gender Equality Act 2020 (Vic)
  6. National Plan for Addressing Gender-based Violence in Higher Education 2024
  7. National Code of Practice for Education and Training Overseas Students 2018
  8. Protected Disclosure Act 2012 (Vic)
  9. Respect@Work – Changes to the Sex Discrimination Act 1984 and the Australian Human Rights Commission Act 1986
  10. Higher Education Standards Framework 2021
  11. TEQSA Good Practice Note: Preventing and responding to sexual assault and sexual harassment in the Australian higher education sector (2020)
  12. The Australian Universities Accord (2024) (National Higher Education Code)
Vietnam Specific: 
  1. The revised Law on Prevention and Combat Against Domestic Violence (2022)
  2. 2006 Law on Gender Equity (No.73/2006/QH11 dated 29/11/2006)
  3. Viet Nam Code of Conduct on Sexual Harassment in the Workplace International Labour Organization - A Code of Conduct paper issued by the Ministry of Labour Invalids and Social Affairs (MOLISA) on preventing sexual harassment.
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Section 6 - Subordinate Policy Documents

(39) Refer to the following documents which are established in accordance with this policy:

  1. Gender-Based Harm Prevention and Response Policy – Schedule 1 – Explanations and Examples
  2. Gender-Based Harm Response Procedure – Australia
  3. Gender-Based Harm Response Procedure – Vietnam
  4. Gender-Based Harm Response Procedure – Schedule 1 – Investigatin Process
  5. Domestic and Family Violence Procedure – Australia
  6. Domestic and Family Violence Procedure – Vietnam
  7. Domestic and Family Violence Procedure – Schedule 1 – Explanations and Examples.
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Section 7 -  Other Relevant Policies

(40) RMIT policy suites regarding behavioural standards and conduct that are relevant to this policy include:

  1. Student Conduct Policy
  2. Code of Conduct
  3. Workplace Behaviour Policy
  4. Child Safe Policy and Child Safe Code of Conduct
  5. Health, Safety and Wellbeing Policy
  6. Inclusion, Diversity and Equity Policy.
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Section 8 - Definitions

Term Definition
Child In Australia, an individual under the age of 18 years.
In Vietnam, according to Article 1 of the Law on Children, any person below the age of 16. However, RMIT Vietnam has internal guidelines that extend the child safe duty of care to individuals under the age of 18 years.
 
Concern An expression of dissatisfaction with the behaviour of a student or staff member, where a response is not expected.
Consent As defined in Section 36 of the Amendment of Crimes Act 1958 (Vic) and Justice Legislation Amendment (Sexual Offences and Other Matters) Act 2022, free and voluntary agreement. Consent cannot be assumed. Consent must be ongoing and mutual. It must be present every time, including for the duration of any sexual act. Consent can be withdrawn at any time. Consent to one act does not mean consent is agreed to in any other act. Consent to an act with one person does not mean consent is agreed to in an act with a different person, or with the same person on a different occasion. 
A person engaged in a sexual act must reasonably believe that the other person consents to the act. A person’s belief in consent is not reasonable if they did not, within a reasonable time before or at the time of the act, say or do anything to find out whether the other person was consenting. 
For further information on affirmative consent laws, please check Justice Legislation Amendment (Sexual Offences and Other Matters) Act 2022.
Disclosure Where a person first makes known an incident of gender-based or other form of harm to RMIT (e.g., by telling another student or staff member, or by directly telling Safer Community). This may or may not lead to a report being made via the Complaints Governance Policy or another reporting avenue.
Gender-based Harm Any form of physical or non-physical harm, violence or abuse by a person that is underpinned by gender-based power inequalities, rigid gender norms and gender-based discrimination that results in, or is likely to result in, harm, coercion, control, fear or deprivation of liberty and autonomy. Harm can be physical, sexual, emotional, psychological, social, cultural, spiritual, financial and technology-facilitated abuse (including image-based abuse), and stalking.
International delivery partners Institutions in other countries where RMIT programs are delivered jointly by RMIT and the partner institution. 
RMIT Group RMIT University and its controlled entities (RMIT Europe, RMIT Online, RMIT University Pathways, RMIT Vietnam)
Sexual Assault Is when:
i. a person (A) intentionally touches another person (B) and the touching is sexual
ii. person (B) who was touched did not agree or consent to the touching, and
iii. person (A) did not reasonably believe that person (B) consented.
If person (A) knew that (B) was not consenting, this will be sexual assault; and if person (A) did not believe on reasonable grounds that B was consenting, this will also be sexual assault.
For the purposes of this policy, RMIT also includes the following acts defined in the Crimes Act 1958 (Vic): (i) rape, (ii) rape by compelling sexual penetration, (iii) sexual assault by compelling sexual touching, (iv) assault (being the non-consensual application of force) with intent to commit a sexual act, and (v) threat to commit a sexual assault or rape. For succinctness, the specific elements of each are not set out separately in this policy.
Additional examples of and explanations for sexual harm are set out in Schedule 1 – Explanations and Examples.
 
Sexual exploitation and abuse
Any actual or attempted abuse of a position of vulnerability, differential power, or trust for sexual purposes. It includes profiting monetarily, socially, or politically from sexual exploitation of another. The abuse may be actual or threatened intrusion of a sexual nature, whether by force or under unequal or coercive conditions, and includes but is not limited to sexual assault, sexual harm and sexual harassment.
Technology-facilitated sexual exploitation and abuse is the use of technology and new media to facilitate sex-based abuse and harassment. Behaviours can include nonconsensual pornography (“revenge porn”), recorded sexual assaults, deepfakes, sextortion, cyber harassment, cyber dating violence, and cyberstalking.
Additional examples of and explanations for sexual harm are set out in Schedule 1 – Explanations and Examples.
Sexual harm Non-consensual behaviour of a sexual nature that causes a person to feel uncomfortable, frightened, distressed, intimidated, or harmed, either physically or psychologically. Sexual harm includes behaviour that also constitutes sexual harassment, sexual assault and rape. Additional examples of and explanations for sexual harm are set out in Schedule 1 – Explanations and Examples.
Sexual harassment
When a person:
(a) makes an unwelcome sexual advance, or an unwelcome request for sexual favours, or
(b) engages in other unwelcome conduct of a sexual nature in relation to a person, in circumstances in which a reasonable person, having regard to all the circumstances, would have anticipated the possibility that the person harassed would be offended, humiliated or intimidated.
Additional examples of and explanations for sexual harm are set out in Schedule 1 – Explanations and Examples.
Third parties Any person or entity external or separate to RMIT, including contractors, consultants, volunteers, visiting appointees and visitors as well as members of the public.
Trauma informed
A strengths-based framework that applies the core principles of safety, trustworthiness, choice, collaboration for shared decision-making, empowerment and respect for diversity.
Trauma-informed services recognise the physiological, emotional, psychological and neurological effects of trauma; minimise the risk of re-traumatisation and promote healing; emphasise physical and emotional safety; and focus on the whole context in which a service is provided – not just on what is provided.