• Section 1 - Purpose
• Section 2 - Authority
• Section 3 - Scope
• Section 4 - Procedure
• Making a disclosure or formal report
• Ways to make a disclosure
• Disclosures
• Formal reports
• Support Services
• Reporting to the Police
• Responding to a disclosure or formal report
• Precautionary measures
• Managing Disclosures
• Managing Formal Reports
• Investigations
• Timeframes
• Privacy, Confidentiality and Record-keeping
• Internal Reporting and Continuous Improvement
• External Reporting
• Section 5 - Compliance
• Section 6 -  Other Relevant Policies
• Section 7 - Definitions

Section 1 - Purpose

(1) This procedure documents how RMIT will support people who experience gender-based violence and respond to matters involving gender-based violence.

(2) This procedure should be read in conjunction with the Gender-based Violence Prevention and Response Policy, and other applicable RMIT policies regarding behavioural standards and conduct which are 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). 

(3) While people of all genders can experience gender-based violence, harm, or abuse, the terms are most often used to describe harm and violence against women, girls, and LGBTIQA+ people.

(4) This procedure is part of a policy suite that demonstrates RMIT’s commitment to addressing  gender-based violence (including sexual assault and sexual harassment, intimate partner violence, domestic and/or family violence, and other related forms of violence and harm). This includes building a culture of respect, collective care and safety to address the intersecting forms of inequality and disrespect that contribute to violence.

(5) RMIT acknowledges that intersectionality can compound the impact of discrimination and that certain groups of people may be more vulnerable to the effects of discrimination and harassment than other groups.

Section 2 - Authority

(6) Authority for this document is established by the Gender-based Violence Prevention and Response Policy.

Section 3 - Scope

(7) This procedure applies to the conduct of all members of the RMIT community, including staff and Other Workers, students and associates (RMIT University Council members, representatives, and volunteers) of the RMIT Group, regardless of the context in which the conduct occurs. This includes, but is not limited to, conduct occurring on campus; online or through technology; in student accommodation; during placements, practicums or fieldwork; while travelling or working on RMIT business; and at RMIT-related events, functions or conferences, whether in Australia or overseas. The RMIT Group is RMIT University and its controlled entities, currently RMIT Europe, RMIT Online, RMIT University Pathways and RMIT Vietnam.

(8) A separate procedure applies to RMIT Vietnam.

(9) The conduct of third parties is also within the scope of this procedure, so that RMIT can respond to and manage the risk of gender-based violence affecting its students and staff. Third parties include but are not limited to licensees and lessees, service providers, visitors, education agents, delivery partners, and partner organisations in Australia or overseas, where their conduct is connected with RMIT or its activities.

(10) Where a third party conducts activities on RMIT's behalf, is an affiliated organisation (an organisation that uses RMIT's intellectual property in its name, marketing, recruitment or governance), or operates on, uses or leases RMIT's land or facilities, this procedure applies to it and RMIT will require it to comply with this procedure.

(11) If gender-based violence is reported outside the scope of this procedure, such as from members of the public, RMIT will provide referral options to appropriate support services.

(12) The Child Safe Policy takes precedence over this procedure to the extent of any inconsistency regarding harm to children.

Section 4 - Procedure

Making a disclosure or formal report

(13) A disclosure refers to the sharing of information with RMIT about an experience of gender-based violence.  Disclosures can be made to any trusted RMIT employee, however RMIT encourages disclosures to be made to Safer Community wherever possible, to ensure that support can be provided as soon as possible.

(14) Anyone connected to RMIT is supported to make a disclosure about gender-based violence that they have experienced, or that has happened to someone else, without fear of sanction or inaction. This includes third parties where the conduct occurred in connection with RMIT, or the person engaging in the conduct was an RMIT student, staff member or other worker.  RMIT’s timely response and available resolution options may depend on the impacted person's willingness to participate in the process.

(15) A disclosure will not necessarily lead to an investigation or a formal process. RMIT will seek and consider the views of the discloser and determine what action is appropriate in response to any disclosure (see (31) below).  RMIT will provide support to any person who makes a disclosure, which may include referrals to specialist support services as appropriate.

(16) A formal report is a report made through formal channels of information about a person's experience of gender-based violence.  A formal report requires RMIT to consider taking steps beyond the offer and provision of support services, including (without limitation) the commencement of an investigation and/or a disciplinary process in appropriate circumstances.

Ways to make a disclosure

(17) In an emergency or in circumstances of immediate danger, disclosers are to contact Victoria Police and emergency services (000) or RMIT Campus Security.

(18) Individuals wanting to make a disclosure or considering whether to make a formal report of gender-based violence are encouraged to contact Safer Community. Safer Community provide specialist trauma-informed, safety first, inclusive and intersectional support and advice, regardless of:

1. where or when the violence or harm occurred, and
2. whether the person wants to make a disclosure of violence but not a formal report, or
3. whether they want to make a formal report about it.

(19) Safer Community offers information on reporting procedures, which may vary depending on the individual's status (student, staff or other worker, or third party) and the status of the respondent.

Disclosures

(20) Disclosures can be made by any person directly to Safer Community (in person, via email or over the phone) or using the online Support Form. Disclosures can be made anonymously, although this may impact the level of support RMIT can provide to the discloser, and the action that can be taken in response to the disclosure.

(21) All RMIT employees receiving a disclosure must inform the discloser about support from Safer Community. Employees must contact Safer Community to seek advice on whether any further steps are required of the University.  Employees must inform the discloser of the employee's obligation to contact Safer Community to seek advice, and discuss with the discloser what information they consent to being shared , including anonymity preferences.

Formal reports

(22) Individuals who disclose gender-based violence may choose to make a formal report, but it is not mandatory. A formal report involves providing information about the incident and seeking a formal, timely response and resolution from RMIT.  A formal report can be made as follows:

1. Students can make a formal report by contacting Safer Community or directly to Student Complaints
2. Staff and Other Workers (including employees and contractors) can make a formal report by contacting Safer Community or by putting in a report to the SafetyNow system.
3. Third parties can make a formal report by contacting Safer community or Central Complaints and Investigations team.

(23) Formal reports can be made in person, via email or over the phone.  Like disclosures, formal reports can be made anonymously, although this may impact the level of support RMIT can provide to the discloser, and the action that can be taken in response to the formal report.

Support Services

(24) RMIT Safer Community offers support to all persons who are affected by gender-based violence, including persons who make disclosures or formal reports, as well as the person about whom a report is made.

(25) Safer Community will undertake a risk assessment in response to all disclosures and formal reports, which considers the threat posed to the discloser and the broader RMIT community. 

(26) Safer Community will also work collaboratively with the discloser and, where relevant, the respondent, to develop a tailored support plan, which may include:

1. offering information, resources, and support to minimise the need for the discloser to repeatedly share their stories. This includes sharing information on incidents of gender-based violence between higher education providers and student accommodation providers
2. connecting Aboriginal and Torres Strait Islander students with the Ngarara Willim team
3. listening to the discloser and advising on the supports available, including options associated with informal or formal processes
4. providing information and support in how to report directly to police
5. providing information and referrals to specialist services outside of RMIT to ensure all relevant parties have access to expert-led support specific to their experiences
6. referring a person to a relevant representative body (e.g. RMIT University Student Union [RUSU]) or support organisations, staff wellbeing services or student counselling services, privately sourced counselling services, Safer Community, or the RMIT Multi-faith Chaplaincy
7. where the discloser is a student, facilitating the discloser's access to academic adjustments to support them to continue their studies.
8. other support mechanisms or facilities as appropriate.

(27) External specialist support and advice services are listed on the Safer Community website.

Reporting to the Police

(28) If a person who has experienced gender-based violence wants to make a report to the police, Safer Community can support a person to make a police report. However, Safer Community cannot make a police report on that person’s behalf.

(29) In certain circumstances, RMIT may have a duty to notify the police in its own name, even if the individual does not wish to do so. This may occur where RMIT considers it necessary to report the matter to police to ensure the safety of the discloser or others in the RMIT community, or to meet RMIT's legal obligations. 

(30) A notification to the police by RMIT in its own name must be approved by the Chief Operating Officer (if the respondent is a staff member, other worker or a third party) or the Academic Registrar (if the respondent is a student), taking into account:

1. evidence of an unacceptable risk to RMIT’s community, or the public
2. the number of disclosures, formal reports, or complaints made about similar conduct by the same person (although a single incident may warrant reporting to police)
3. advice from the Critical Incident Management Team in accordance with the Business Resilience Policy, and other relevant groups including Health, Safety and Wellbeing, Risk Management, Compliance, the Academic Registrar's Group, and Legal Services
4. advice from Safer Community
5. the wishes of the person who has experienced the gender-based violence or who initially made the disclosure or formal report.

(31) Safer Community will advise the person who has disclosed or reported the gender-based 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.

(32) A decision to report an incident of gender-based violence to police will not necessarily preclude RMIT from investigating or otherwise responding to that conduct.  However, RMIT's processes may have to be suspended pending completion of a police investigation or other criminal process. 

Responding to a disclosure or formal report

(33) All disclosures and formal reports made in accordance with this Procedure will be acknowledged by RMIT  within 1 business day.

(34) In determining what action to take in response to a disclosure or formal report, RMIT will take into account matters including the wishes of the discloser, and the potential risk to the health, safety and wellbeing of the discloser and other members of the RMIT community. 

(35) In responding to any disclosure or formal report, RMIT will adopt an approach that is trauma-informed and person-centred.  This means that RMIT prioritises safety and wellbeing and ensures the voices and needs of people who have experienced gender-based violence guide all support efforts, fostering an environment of compassion and respect.  This also means that RMIT will consult the person who has experienced the gender-based violence before making decisions about how to address the relevant conduct.

(36) Where appropriate, RMIT may utilise processes that focus on the resolution of the issue rather than the substantiation of the reported conduct through a full investigation, such as restorative engagement processes.

(37) Persons who make a disclosure or formal 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.

(38) All parties (including the discloser and respondent) are entitled to be accompanied by a support person when they are asked about the matters which are the subject of the disclosure or formal report. A party may choose any support person they wish, including a family member, friend, advocate, RMIT staff member or a person who is legally trained. RMIT will not exclude a person from acting as a support person on the basis that they are a legal professional. The role of a support person is to provide emotional and practical support; a support person does not act as an advocate or legal representative, does not answer on behalf of the party, and RMIT will provide guidance to parties and support persons on this role.

(39) In managing a disclosure or formal report of gender-based violence, this Procedure will prevail to the extent of any inconsistency with other RMIT policies and procedures.

Precautionary measures

(40) Safer Community may recommend certain temporary or precautionary safety measures in response to a disclosure or formal report of gender-based violence whilst a resolution process is undertaken, to protect the wellbeing and safety of all students, staff and Other Workers, and third parties, and where there may be an ongoing risk to the broader RMIT community. Precautionary measures are not a punitive measure and do not indicate that RMIT has concluded that the conduct has occurred and/or that the student, staff member or other worker has breached an applicable code of conduct or policy. Safer Community will consult with the relevant areas of RMIT in implementing appropriate precautionary measures, including Health, Safety and Wellbeing, Risk Management, Compliance, the Academic Registrar's Group, and Legal Services.

(41) Examples of precautionary measures that may be recommended include:

1. in respect of students, interim safety measures under the Student Safety Measures Procedure, which may include but are not limited to:
   1. changes to class timetables and class locations
   2. temporary remote learning arrangements
   3. temporary restriction of access to campus
   4. academic adjustments
   5. ‘no contact’ directives
   6. a recommendation regarding an executive suspension, in accordance with the Student Conduct Policy and the Student Conduct Regulations.
2. In respect of RMIT staff members and Other Workers, interim measures under the Managing Conduct Procedure, which may include directions not to attend the workplace, and temporary modification of duties or reporting lines.

(42) In managing a response to a critical incident, the Safer Community team will provide expert advice and guidance to the Critical Incident Management Team (or equivalent), to inform the management of risks and issues associated with gender-based violence.

Managing Disclosures

(43) There are some circumstances where RMIT may take formal action in relation to a disclosure, even if the discloser does not want to make a formal report or does not want any further action to be taken. This may occur where, for example, there is a serious or imminent risk to the safety of another person or persons, there have been repeated disclosures or formal reports of similar conduct by the same person, or to meet RMIT’s legal obligations. RMIT will seek and consider the views of the discloser before taking formal action (such as an investigation) in response to a disclosure. To the extent possible, RMIT will take measures to avoid identifying the discloser in any formal process (including an investigation), if that is the discloser's preference. 

(44) If RMIT determines that it is necessary to investigate a disclosure, RMIT will explain to the discloser why the matter is being investigated and provide them an opportunity to be involved in the investigation process if they wish to do so.  RMIT will also provide information relating to support for the discloser.

(45) Other options for managing a disclosure include:

1. a facilitated discussion or mediation between the discloser and the respondent (where it is safe to do so and provided all parties agree to participate);
2. an agreed resolution between the discloser and respondent about how they will interact with each other in the future (where it is safe to do so);
3. providing support to the discloser to manage their safety; and/or
4. training, coaching or counselling.

Managing Formal Reports

(46) RMIT will manage formal reports as follows:

1. formal reports about staff and Other Workers will be managed in accordance with the Managing Conduct Procedure and any applicable enterprise agreement or award; and
2. formal reports about students will be managed in accordance with the Student Conduct Policy. 

(47) If a respondent is both a student and a staff member or other worker, RMIT will determine whether the formal report should be considered under the policies and procedures applying to students, and/or those applying to staff and Other Workers.  Processes may proceed concurrently, where necessary.

(48) RMIT will investigate all formal reports where the respondent is a student, staff member or other worker, regardless of the context in which the gender-based violence occurs.  If the formal report has no connection to RMIT other than the status of the respondent, RMIT will consider the safety and wellbeing of students, staff and Other Workers when determining the scope of the investigation or any other action.

(49) All staff and Other Workers involved in responding to a formal report (including conducting an investigation or determining a disciplinary proceeding) will have relevant expertise and experience.

Investigations

(50) Where an investigation is required, the investigation will be undertaken by a specialist investigator in gender-based violence with necessary knowledge, expertise and experience, with support from fully qualified and trained advisors.

(51) An investigation will usually include:

1. gathering relevant information in relation to the conduct, which could include speaking with the discloser, other people who may have witnessed the conduct, and obtaining documentary and other records;
2. providing the respondent with an opportunity to respond to the allegations about their conduct; and
3. making findings of fact about whether the conduct occurred.

(52)  The standard of proof applied by RMIT when making findings of fact is the 'balance of probabilities', which means that the alleged conduct is more likely to have occurred than not, based on the available evidence.

(53) For the avoidance of doubt, RMIT cannot require any person to provide physical evidence relating to a disclosure or formal report.

(54) Following an investigation, RMIT may take whatever action it considers appropriate, which may include:

1. a resolution that is implemented with the agreement of the discloser and respondent;
2. the implementation of safety measures without progressing to a disciplinary process;
3. a decision not to proceed to a disciplinary process; or
4. a decision to progress to a disciplinary process.

(55) RMIT will continue to provide appropriate and reasonable assistance and support to prioritise and protect the safety and wellbeing of all parties after the conclusion of any investigative process or disciplinary action, including the recovery of any person who has been sexually harmed or assaulted.

Timeframes

(56) RMIT will complete the investigation, disciplinary action, and outcomes as expeditiously as possible.  RMIT's processes are designed to allow finalisation of formal reports (including any disciplinary processes) within 45 business days, however, this timeline may be extended (either prospectively or retrospectively) where required, including for one of the following reasons:

1. to allow additional time for coordination and communication with external parties (eg. Victoria Police);
2. to afford the respondent procedural fairness;
3. to allow RMIT sufficient time to investigate (having regard to the availability of key participants), consider the relevant material and make a decision, or obtain legal advice;
4. because the conduct the subject of the formal report is also the subject of legal proceedings or a court process;
5. where necessary for the health, safety or wellbeing of participants, including where required to ensure the process is trauma-informed; or
6. to comply with an industrial instrument. 

(57) Conduct or a decision of RMIT is not invalid merely because it occurs outside the timeframes specified in this Procedure. 

(58) Disclosers and respondents will be kept informed of the progress of the disclosure or formal report where possible and in accordance with their wishes, including being advised of any delays that may arise.

Privacy, Confidentiality and Record-keeping

(59) Disclosures and formal reports of gender-based violence will be handled confidentially in accordance with RMIT’s 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 obligations, to inform future prevention strategies, to enable an appropriate response to the disclosure or formal report, or as required by law.

(60) All parties must maintain confidentiality during any investigation, disciplinary or appeal process, including its conduct, materials and outcomes (such as the identities of parties or witnesses, evidence, correspondence and findings). Consistent with clause 16 of the Policy, this requirement is not punitive, and does not prevent any person from speaking about their own experience of gender-based violence. A failure to maintain confidentiality will only be treated as potential misconduct where the disclosure was outside the permitted purposes below, was intended to prejudice the process or a party, or created a risk to a person's safety. From RMIT’s perspective, there is no concern with maintaining confidentiality if a person needs to seek support, obtain advice from a health or legal practitioner,  or consider their options to seek external recourse. Permitted purposes may include:

1. obtaining support, including from family members, close friends, legal advisers, medical practitioners, mentors, counsellors or psychologists, or student or union representatives;
2. reporting any matter to Police, or making a complaint or report to any external regulatory body or external complaint-handling or recourse body, including the National Student Ombudsman, the Tertiary Education Quality and Standards Agency and the Australian Human Rights Commission; or
3. for a student, seeking academic adjustments including special consideration or variation to their enrolment status.

(61) At the conclusion of the investigation and any related disciplinary or appeal process, the same process-related confidentiality requirements may not need to continue being applied. RMIT's obligations to handle personal information under the Privacy Policy continue to apply.

(62) RMIT will explain the scope, purpose, limits and end point of any confidentiality requirement in plain English to all parties at the start of the process and if applicable, RMIT will confirm the scope of release from process-related confidentiality in outcome correspondence.

(63) Disclosers will be entitled to receive written notification from RMIT of the following matters, if they so choose:

1. the commencement of an investigation (prior to any notification to the respondent);
2. the outcome of the investigation, including whether a disciplinary process will be commenced (on the same day the respondent is notified);
3. the outcome of the disciplinary process, including the decision, any relevant sanctions, reasons for the outcome, and the right to make an internal and/or external complaint, including to the National Student Ombudsman (on the same day the respondent is notified); and
4. the lodgement of any appeal (within two business days of lodgement); and
5. the outcome of any appeal, including the decision, any relevant sanctions, reasons for the outcome, and the right to make an internal and/or external complaint, including to the National Student Ombudsman.

(64) Safer Community maintains a confidential register of disclosures and formal reports. All information will be collected, stored, and accessed in accordance with RMIT’s Privacy Policy and applicable laws. RMIT will also use de-identified, collated data from disclosures and formal reports to provide high-level, public-facing reporting on known incidents of gender-based violence.

Internal Reporting and Continuous Improvement

(65) 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.  For example, de-identified data is reported every six months to Council via NRPPC and the Vice-Chancellor’s Advisory Group on Addressing Gender-based Violence, and other areas of RMIT as required. Access to this information will be managed in accordance with RMIT’s Privacy Policy. The reports:

1. identify trends and systemic issues
2. contribute to evaluation of prevention programs,
3. identify opportunities for improvements and preventative actions aligned with RMIT’s Whole-of-Organisation Prevention and Response Plan.

(66) Information may also be provided to the Chief Operating Officer to inform internal decision-making, including where serious sexual assault has occurred on campus, emergency services have been involved or a staff member or other worker has been temporarily stood down from duties for the purposes of an investigation. Where possible, identifying details of the impacted parties will be protected by Safer Community.

(67) There are some li mited circumstances, such as where RMIT is required by law to report an incident to the police or a regulator, in which RMIT may be required to share identifying information about a person who has made a disclosure or report of gender-based violence or about whom the disclosure or report has been made. This will only be done where necessary for the safety and wellbeing of the RMIT community, including for the safety of the person identified.

External Reporting

(68) RMIT may provide information to a third party, such as a regulator, where required by law.

(69) RMIT provides de-identified 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 will be managed in accordance with RMIT’s Privacy Policy.

(70) If disclosed or reported incidents indicate material breaches in safety or preventative controls, including recurring incidents of gender-based violence, Safer Community will notify the Director, Education Regulation immediatelyto determine if it is appropriate to notify the Tertiary Education and Quality Standards Agency (TEQSA). If deemed appropriate, a recommendation will be made to the Deputy Vice-Chancellor Education that TEQSA be notified within 14 days of the incident in accordance with Higher Education Standards Framework 2021 and TEQSA’s Material Change Notification Policy.

(71) 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 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.

Section 5 - Compliance

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

(73) Breaches of this procedure are reportable via the Organisational Breach Reporting Form and are managed in accordance with the Compliance Breach Management Procedure.

(74) 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.

(75) In cases where non-compliance issues arise, RMIT will utilise various investigative tools to actively monitor and address these issues. This may include:

1. conducting proactive audits
2. undertaking investigations when non-compliance is suspected

(76) This procedure supports RMIT’s compliance obligations regarding:

1. Charter of Human Rights and Responsibilities Act 2006 (Vic)
2. Child Wellbeing and Safety Act 2005 (Vic)
3. Gender Equality Act 2020 (Vic)
4. Protected Disclosure Act 2012 (Vic)
5. Respect@Work – Changes to the Sex Discrimination Act 1984 and the Australian Human Rights Commission Act 1986
6. Department of Foreign Affairs and Trade (DFAT) Preventing Sexual Exploitation, Abuse and Harassment Policy (2019)
7. Higher Education Standards Framework 2021
8. Education Services for Overseas Students (ESOS) Framework
9. Occupational Health and Safety Act 2004
10. Fair Work Act 2009
11. Equal Opportunity Act 2010 (Vic)

(77) This procedure supports RMIT’s commitment to adhering to sector best practice informed by:

1. Australia Human Rights Commission – Guidelines for Complying with the Positive Duty under the Sex Discrimination Act 1984 (Cth) (AHRC)
2. National Plan for Addressing Gender-based Violence in Higher Education 2024
3. Universities Australia Sexual Harm Response Guidelines 2023.

Section 6 -  Other Relevant Policies

(78) 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.

Section 7 - Definitions