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(1) This procedure documents how RMIT Vietnam will respond to and support matters involving, domestic and family violence, including how to support affected staff and students. The specific definitions for family violence and family members are contained in Domestic and Family Violence Procedures – Schedule 1 – Explanations and Examples. (2) RMIT recognises that staff and students affected by domestic and family violence may experience significant physical or emotional trauma, loss of work and educational opportunities, and disruption to their lives. In recognition of the impact of domestic and family violence on student and staff wellbeing, RMIT provides services to assist affected persons with precautionary safety measures, and to make adjustments to their work or study commitments while they manage their personal situation. (3) This procedure should be read in conjunction with the RMIT policies regarding behavioural standards and conduct which are listed on the Associated Information tab for this procedure on the Policy Register. Policies and procedures of relevant third parties may also apply in some circumstances. (4) RMIT acknowledges that the intersection of gender, sexual orientation, race, economic status, ability or other factors can compound the impact of domestic and family violence, resulting in certain groups of people being more vulnerable than other groups to the effects of harm, violence, discrimination and harassment. (5) Authority for this document is established by the Gender-Based Violence Prevention and Response Policy. (6) This procedure applies to current RMIT Vietnam students and prospective students who have applied or are attempting to apply or are in the process of enrolling at RMIT Vietnam. (7) This procedure applies all staff and associates (RMIT Council members, representatives and volunteers) of RMIT Vietnam. (8) Staff, students or associates who have left the organisation are subject to this policy if they are the subject of an investigation. (9) Application of this procedure in RMIT global partnership arrangements takes account of international and local regulatory contexts, the independence of partner organisations and commercial imperatives. These contextual considerations are managed through contract and partner management processes. (10) This procedure 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 both on- and off-campus, functions and activities nationally and internationally. (11) This procedure also applies to behaviour taking place in virtual spaces, online and offline work and study environment including but not limited to RMIT systems, IT infrastructure or assets. (12) The Child Safe Policy takes precedence ofer this procedure to the extent of any inconsistency regarding sexual harm relating to children. (13) A disclosure refers to the sharing of information about an experience of domestic and family violence where a person makes known that: (14) Anyone connected to RMIT Vietnam, including third parties, are supported to make a disclosure to Safer Community and Wellbeing Staff without fear of sanction or inaction. However, the steps which RMIT can take, and its timely response and resolution may depend on whether the person who is the victim-survivor or affected person wishes to participate in or to utilise RMIT’s processes. RMIT recognises and respects that staff and students may choose if, when and to whom to make a disclosure of domestic and family violence. (15) All Safer Community – RMIT University and Wellbeing staff receiving a disclosure must inform the discloser about support from Safer Community – RMIT University. Staff must notify Safer Community – RMIT University of the disclosure to support RMIT’s whole-of-organisation prevention and support strategies. Staff must inform the discloser of their obligation to notify Safer Community – RMIT University and seek consent on what information can be shared, including anonymity preferences. (16) If domestic and family violence is disclosed or reported as occurring outside the scope of this procedure, RMIT will provide referrals to specialist domestic and family violence support services, as appropriate. (17) In an emergency or in circumstances of immediate danger on campus, please contact RMIT 24/7 Security Hotline 1800 2233. (18) All persons including staff members, students, researchers, representatives and volunteers who have experienced domestic and family violence can contact Safer Community – RMIT University for specialist trauma-informed, safety first, and inclusive and intersectional support and advice regardless of where or when the harm or violence occurred, whether they want only to make a disclosure of harm, or to make a formal report about it. (19) RMIT Vietnam encourages individuals wanting to make an informal or formal report to contact Safer Community – RMIT University for guidance. Safer Community – RMIT University offers information on reporting procedures, which may vary depending on the individual's status (student, staff, or third party) and the status of the respondent. (20) All disclosures or reports made through Safer Community – RMIT University or the Complaints Portal at RMIT Vietnam will receive a response within one business day acknowledging receipt of the disclosure. (21) Individuals who disclose domestic and family violence may choose to make a formal report, but it is not mandatory. A formal report involves providing a statement about the incident and seeking a formal timely resolution and response from RMIT Vietnam. (22) If a person who has experienced domestic and family violence wants to make a report to the police, Safer Community – RMIT University can support a person to make a police report. Safer Community cannot make a police report on that person’s behalf. However, Safer Community cannot make a police report on that person’s behalf but could include support from Safer Community Advisors who are qualified and trained specialists who speak both English and Vietnamese. (23) If a person who has experienced domestic and family violence wishes to report to police, no further investigation will be made within RMIT Vietnam while the police investigation is underway, but support from Safer Community – RMIT University will be ongoing. (24) In certain circumstances, RMIT Vietnam may have a duty to notify the police in its own name, even if the individual does not wish to. This may occur where there is a serious or imminent risk to the safety of another person or persons, or to meet RMIT’s legal obligations. This includes where the incident involves an imminent and/or serious risk to students or staff, or where the person who is the subject of the disclosure or report presents a risk to themselves. (25) Safer Community – RMIT University, in collaboration with Human Resources (when a staff member is affected), will advise the person who has disclosed or reported the domestic and family violence about RMIT’s decision to notify the police and, to the extent possible, will keep the person informed of any actions that result from that notification. (26) Persons who make a report, as well as persons who are the subject of a report, will be provided with information about the steps involved for any formal or informal resolution process, and they will be kept appropriately informed about the progress and outcome of those steps in accordance with the relevant policy and procedure. (27) When a disclosure concerning domestic and family violence is made, Safer Community – RMIT University can offer advisory support in safety planning, which may include putting in place temporary or permanent precautionary measures to ensure the safety and wellbeing of staff and students experiencing domestic and family violence. (28) Safer Community – RMIT University may need to complete a domestic and family violence risk assessment using the Multi Agency Risk and Assessment and Management (MARAM) Framework in consultation with the affected person. (29) Any safety planning and precautionary measures adopted should be led and agreed to by the staff member or student concerned. (30) For students, Safer Community – RMIT University, with the consent of the affected person, will reach out to their Program Manager or Senior Officer where required. Safer Community – RMIT University will work with the Program Manager or Senior Officer to provide appropriate precautionary measures to support and ensure the safety of a student experiencing domestic or family violence. The decision to implement any precautionary measures will ultimately rest with the Program Manager or Senior Officer. Precautionary measures could include: (31) For staff, Safer Community – RMIT University, with the consent of the affected person, will reach out to the People Business Partner to discuss possible precautionary measures required to support and ensure the safety of a staff member experiencing domestic and family violence. Safer Community – RMIT University and the People Business Partner will work in collaboration with the affected person to plan safety measures. The decision to implement any precautionary measures will ultimately rest with the People Business Partner and People Connect. Precautionary measures may include but are not limited to: (32) If a person contravenes a court order by coming into the workplace or learning environmnet, or if a person becomes violent in the workplace or learning environment, on being notified, the relevant manager must: (33) In high risk cases, Safer Community – RMIT University, with consent from the affected party, will make referrals to specialist family violence agencies. (34) All staff experiencing or affected by domestic and family violence have access to a range of leave and reasonable work adjustments as outlined in the Enterprise Agreement and under the Fair Work Act 2009. These adjustments may include but are not limited to: (35) Staff members seeking to access leave or reasonable work adjustments may be required to provide evidence or documentary proof of their domestic and family violence situation. This may be in the form of an agreed document issued by Safer Community – RMIT University or by the police, a court, a doctor, a district nurse, a maternal and health care nurse, a family violence support service or lawyer. This information will be treated confidentially. (36) RMIT Vietnam acknowledges that staff affected by domestic and family violence may not be in a position to provide evidence or supporting documentation. A staff member’s access to leave and other support options should not be denied in the absence of evidence or supporting documentation. (37) All students experiencing or affected by domestic and family violence may apply for flexible assessment arrangements or other adjustments as outlined in the Assessment and Assessment Flexibility Policy, the Admission Procedure, and the Enrolment Procedure. These adjustments can include, but are not limited to, academic changes to facilitate ongoing student engagement, applications for special consideration, deferred assessment, extensions of time, leave of absence, deferrals and/or withdrawal. (38) Students applying for flexible assessment arrangements or other adjustments will be required to provide evidence or documentary proof of their domestic and family violence situation. This may be in the form of an agreed document issued by Safer Community – RMIT University or by the police, a court, a doctor, a district nurse, a maternal and health care nurse, a family violence support service or lawyer. This information will be treated confidentially. (39) RMIT Vietnam is aware that in addition to there being staff and students who are victim-survivors or affected by domestic and family violence, there are also likely to be staff and students who use violence or engage in domestic and family violence. RMIT recognises the need to respond to this appropriately and sensitively. (40) It is never acceptable for a person to engage in domestic and family violence in, or from, the workplace or learning environment. Staff and students must not use RMIT resources, including IT infrastructure, to engage in behaviour that threatens, harasses, victimises, or abuses another person. (41) Where a student or staff member makes a disclosure to their Academic Head, Head of School, People team, supervisor or Safer Community – RMIT University about any current or pending court proceedings involving domestic violence orders in which they are the respondent, reasonable adjustments to study or work may be implemented as appropriate, as well as access to counselling or the Employee Assistance Program (EAP). (42) Where the person who has used violence and the person affected by the domestic and family violence are both members of the RMIT community, RMIT will seek to ensure the safety of all parties. (43) Staff should consult with Safer Community – RMIT University for advice on how to address a staff member or student who has engaged in harassment, assault or domestic and family violence. Managers or colleagues should encourage people who are using violence to seek immediate help from a range of external providers, including the EAP, if it is safe to do so. (44) Where an incident of domestic and family violence has occurred in connection with a staff member’s employment or workplace, or a student’s learning environment or campus, or any RMIT Vietnam premises or event, RMIT may treat it as a breach of the applicable staff or student behaviour policy or code of conduct. (45) Disclosures and formal reports of domestic and family violence will be handled confidentially in accordance with the Privacy Policy. Information may be shared on a need-to-know basis with appropriate RMIT officers or external authorities as part of RMIT’s duty of care or legal obligations. (46) Safer Community – RMIT University maintains a confidential register of disclosures and formal reports. All information will be collected, stored and accessed in accordance with the Privacy Policy and applicable laws. (47) There are some limited circumstances in which RMIT may be required to share identifying information about a person who has made a disclosure or report of domestic and family violence or about whom the disclosure or report has been made, for the safety and wellbeing of the members of the RMIT community, including for the safety of the person identified, such as where RMIT is required by law to report an incident to the police or a regulator. (48) RMIT will use de-identified data from disclosures and reports to inform preventive interim safety measures, if necessary, to focus on the level and nature of the risk as part of assessment and proactive ongoing monitoring. It also collects, analyses, and reports de-identified data to identify trends, underlying issues, and emerging risks. This data-driven approach informs and enhances RMIT’s strategies for effective prevention and response. (49) De-identified data is reported by Health, Safety and Wellbeing every six months, or as required, to the Vice-Chancellor’s Advisory Group on Gendered Violence Prevention, RMIT University Council and other areas of RMIT as required to identify trends and systemic issues, contribute to evaluation of prevention programs, and aid RMIT to identify opportunities for improvements and preventative actions. Access to this information will be managed in accordance with the Privacy Policy. (50) RMIT may provide information to a third party for investigation purposes in accordance with the Student Conduct Policy and staff Code of Conduct. Where a requirement to make a report to a third party and/or the Commission for Children and Young People exists and this information is not able to be provided in a de-identified format, the individual will be consulted prior to the report being made and every effort taken to respect privacy and minimise trauma. (51) RMIT will also provide de-identified data and formal reports to provide high-level, public-facing reporting on known incidents domestic and family violence. It also provides data to external agencies or bodies, where required, to ensure compliance with legislated reporting requirements including but not limited to those detailed under the Gender Equality Act 2020 (Vic) and the Workplace Gender Equality Act 2012 (Cth). Access to this information is managed in accordance with the Privacy Policy. (52) If disclosed or reported incidents indicate material breaches in safety or preventative controls, including recurring incidents of domestic and family violence, Safer Community – RMIT University will notify the Director, Education Regulations, who will determine if it is appropriate to notify the Tertiary Education Quality and Standards Agency (TEQSA). If deemed appropriate, a recommendation will be made to the Deputy Vice-Chancellor Education that TEQSA be notified in accordance with the Higher Education Standards Framework 2021 and TEQSA guidance. (53) If disclosed or reported incidents occurred in relation to an activity funded in whole or in part by the Department of Foreign Affairs and Trade (DFAT), Safer Community – RMIT University will notify the Director, Health, Safety and Wellbeing, who will determine if it is appropriate to notify DFAT. If deemed appropriate, a recommendation will be made to the Chief People Officer that DFAT be notified in accordance with the Department of Foreign Affairs and Trade (DFAT) Preventing Sexual Exploitation, Abuse and Harassment Policy (2019). This notification must be made within two working days of RMIT becoming aware of an alleged incident. (54) RMIT Vietnam will support members of the RMIT community who believe they have experienced gender-based violence/harm and/or sexual harm or unlawful discrimination. (55) A breach of this procedure may result in disciplinary action. Depending on the nature and impact of the breach, other actions may also be instigated, including legal action. (56) In cases where non-compliance issues arise, the RMIT will utilise various investigative tools to actively monitor and address these issues. This may include: (57) This procedure supports RMIT’s compliance obligations regarding: (58) Refer to the following documents which are established in accordance with this procedure:Domestic and Family Violence Procedure - Vietnam
Section 1 - Purpose
Section 2 - Authority
Section 3 - Scope
Section 4 - Procedure
Disclosures
Ways to make a disclosure
Ways to make a formal report
Precautionary Measures – Safety Planning
Leave and reasonable work adjustments – staff
Academic adjustments – students
Staff and students who use violence
Privacy, confidentiality and record-keeping
Internal reporting and continuous improvement
External reporting
Section 5 - Compliance
Top of PageSection 6 - Schedules