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Sexual Assault & Sexual Harassment

Emergency help

Have you been sexually assaulted? Are you safe? If you feel you are still at risk or think that others may be at risk:

On-Campus

Contact Student and Academic Services Reception on the Ground Floor [Coglin Street Campus]

  • Call +61 421 179 455 (Eynesbury after hours emergency 24 hours)
  • Call +61 448 878 943 (Eynesbury Counsellor emergency 24 hours)

Off-Campus

  • Call 000 to contact the State Emergency Services (Police, Fire, and Ambulance)
  • In non-emergency situations, you can also contact the Police on 131 444

Do you need urgent medical help?

  • Call for an ambulance – 000
  • If you do not require emergency treatment it is best not to call an ambulance
  • You may decide to go to Yarrow Place Rape and Sexual Assault Service (24 hours / 7 days a week) or go to the Emergency Department of any hospital by taxi or Uber
  • Click here for information on further crisis service and resources options

If you are not at further risk…

  • Find somewhere safe and warm as you may be in shock. If you can, phone a family member or a friend to come to you.
  • If possible don’t drink, eat, wash, smoke, brush your teeth, urinate or change your clothes until you decide what you want to do next. This will be helpful if you want to report the sexual assault to police and need to have a forensic medical examination. Click here for more information about medical options following a sexual assault.
  • Keep any used condom or bedding in a clean paper bag if possible as paper bags are better for preserving forensic evidence.

If you are thinking of reporting to the police, you can choose to have a forensic medical examination through Yarrow Place Rape and Sexual Assault Service. This examination is most useful within 72 hours of the rape or sexual assault. If you live in a country area, this service is offered by Country Health SA at your general hospital. Contact your local police for further details.

Deciding what to do next

If you have been subjected to sexual assault or sexual harassment, you may be faced with a number of decisions. This page provides some of the options you may wish to consider, so that you can make your own decisions about how you wish to proceed or deal with an incident of sexual assault or sexual harassment.

You have control of what action you take (including no action) and you can change your mind. You do not have to make a decision quickly and it is important that you make the decision that is right for you. Whatever you decide to do, you do not have to go through this alone. There are many support services available to you through Eynesbury and other external organisations.

Talking to someone

You may decide that you do not want to make a formal report to the College or Police. If so, you can still access support, both from the College and externally, to talk confidentially with someone who can help you make the decisions that feel right for you. No matter when the incident occurred, support is always available. The support is free and will not pressure you to report the sexual assault.

Click here to access the range of support services available to you.

Disclosing or reporting an incident to Eynesbury

Eynesbury takes all allegations of sexual assault and sexual harassment seriously and has specific responsibilities when dealing with allegations made against our students and staff. We can and do investigate these reports. This can mean taking the appropriate action in conjunction with the Police, professional bodies or other government agencies.

If you wish to disclose or report an incident to the College, we encourage you to make contact with out Counsellor who is trained to respond to disclosures or reports of sexual assault and sexual harassment and can advise you of your options. https://www.eynesbury.navitas.com/counselling-support

Once you have considered your options you may choose whether or not you wish to proceed with a formal report. The process will differ slightly for students and staff, and depending on whether the perpetrator is a student or a staff member.

To report an incident of sexual assault or sexual harassment to Eynesbury

Report an incident here

Disclosing or reporting a sexual assault to the Police

Unless you are under the age of 18, only you can make a decision about reporting sexual assault to the Police. You can report an incident to the police at any time by calling 000 in an emergency or 131 444 (non-emergency). Police are well trained to provide assistance and advice to people who have been sexually assaulted and there are a range of reporting options available to you, including:

  • Ask for more information: You may wish to talk to the police informally and/or anonymously over the telephone or in person before making a final decision. Details of the incident can still be recorded by the police without you having to identify yourself.
  • Make a report and request no further action: You can choose to talk to the Police, make a police incident report and then sign a form saying that you wish there to be no further investigation.
  • Make a formal report: If you choose to make a police incident report and provide a formal statement, Police may use your statement to try to apprehend, and where possible, charge the person who sexually assaulted you. Your statement then becomes the basis of the police investigation and is a key part of any court proceedings.
  • Provide information anonymously without contacting the police personally: You can provide information anonymously to Police by completing a questionnaire that in no way identifies you as the complainant.
  • Delaying your report to the Police: If you are apprehensive about involving police, you are encouraged to make contact with Yarrow Place, Rape and Sexual Assault Service where you will be provided with information and choices about accessing medical and counselling services (call 08 8226 8787 or 1800 817 421). Forensic evidence can also be collected by specialist doctors from Yarrow Place and stored away for a period of time which allows you to make important decisions.
  • Not reporting to the Police: If you are sure you do not want to report the incident to the Police at any time, then you can still access the support of the Yarrow Place, Rape and Sexual Assault Service.

When reporting the incident to the Police, they will discuss with you the need for a medical examination for evidentiary purposes. This examination will only take place with your consent. This is where a doctor conducts a thorough physical examination and collects evidence that may help the Police in building a case against the person who sexually assaulted you. The medical examination should take place as soon as possible. It is less likely as time passes that there will be any physical evidence for the doctor to collect.

Further information is available at the following website: http://voc.sa.gov.au Reporting sexual harassment to the Equal Opportunity Commission Reports of sexual harassment can be made to the Equal Opportunity Commission (EOC) of South Australia on (08) 8207 1977. You can visit the EOC website for details of the definitions of sexual harassment and the process for making complaints.

Additional Information for International Students

International students who have been subjected to sexual assault or sexual harassment can often be fearful of what this can mean for them in terms of costs to access services, privacy in accessing services and if it will have any effect on their student visa. The following questions are common concerns raised by international students:

Do I need to tell the Department of Home Affairs?

No. If you are reporting a sexual assault or sexual harassment you do not need to tell the Department of Home Affairs as it does not have any affect upon your visa as an international student.

This applies to reports of sexual assault to the police, reports of sexual harassment to the Equal Opportunity Commission as well as reports of sexual assault or sexual harassment to Eynesbury. Eynesbury will not inform the Department of Home Affairs if you have made a report of sexual assault or sexual harassment to the college.

Do I need to tell my family?

It is your decision who you tell if you have been sexually assaulted or sexually harassed, even if you are aged under 18 years. It is important to talk with people you trust, feel safe with and who will support you.

Sometimes people who have been sexually assaulted or sexually harassed may fear that others will not believe them if they tell them, or fear that others will blame them for the sexual assault or sexual harassment. It is helpful to talk things through with someone who will listen in a non-judgemental way and who understands the effects of sexual assault and sexual harassment.

There is a range of free and confidential support available through Eynesbury or through external agencies and students are encouraged to make use of these services. There is some helpful information about making the decision about who to talk to following a sexual assault or sexual harassment in the booklet called “What Choices do I Have?” WhatChoices.pdf (dpp.sa.gov.au)

Do I need to pay to access medical and counselling services?

There are services available free of charge to anyone in South Australia who has been subjected to sexual assault or sexual harassment.

Yarrow Place Rape and Sexual Assault Service will provide free medical and counselling services to people aged 16 years and over who have been raped or sexually assaulted.

You do not need to use your health insurance to access this service. You may be asked for a Medicare number when requesting certain medical services but if you do not have a Medicare card Yarrow Place will not ask you to claim anything on your private health insurance and you are still eligible to access services.

You do not need to have reported the sexual assault to police to be eligible for services at Yarrow Place. Information about services you access at Yarrow Place is confidential and subject to legal constraints. The situations when Yarrow Place cannot guarantee confidentiality are:

  • If Yarrow Place believes that you are a danger to yourself or others
  • If you are under 18 years of age or have told Yarrow Place about a child (under 18) being abused or at risk of abuse – in such cases Yarrow Place is required by law to notify the Child Abuse Report Line (CARL)
  • Notification of some sexually transmitted infections
  • If you are assessed as high risk of imminent harm within a domestic violence situation
  • If you take legal action against this service.

There is also a range of support available through Eynesbury and we encourage all students to make use of these services. https://www.eynesbury.navitas.com/counselling-support

Contact a First Responder

The role of the First Responder

First Responders are members of the Eynesbury community who, as part of their substantive role, are a first point of contact for anyone who has been subjected to sexual assault or sexual harassment. First Responders are specially trained to provide you with information on the support services and reporting options available to you. They understand that reporting sexual assault or sexual harassment can be difficult and they will listen to your concerns without judgement and guide you to the right services. They will respect your right to choose services and whether to make a formal report to the university or the police.

Please note, First Responders are a point of contact regarding reporting options and support.

If you are in immediate danger, contact the police on 000, Eynesbury After Hours Emergency 61 448 878 943 or the National Sexual, Domestic and Family Violence Counselling Service (1800 RESPECT) on 1800 737 732 (24 hours a day/7 days a week).

During Office Hours

(Monday to Friday, from 9:00am to 5:00pm – excluding Public Holidays)

24 Hours/7 Days Per Week

Where urgent medical or other help and support is needed, do not wait for a response to a phone call or e-mail. For example, it may be necessary for you to contact the Police, or an ambulance, by calling 000 immediately if a serious incident occurs.

Report an incident online to Eynesbury

There are a number of options available for an incident of sexual assault or harassment to the College, including reporting the incident online.

The online form can be used by Eynesbury students and staff to report an incident of sexual assault or harassment and by someone who has witnessed an incident or is a support person for someone who has experienced sexual assault or harassment. If you are reporting on behalf of another person, you must have their consent before you report.

All complaints of sexual assault and sexual harassment are directed to the Counsellor or the College Director, depending on whether the incident relates to a student, a staff member, or a visitor on campus.

Before you complete the online form, we encourage you to read the FAQs for reporting an incident online for more information about the process.

Click the button below to report an incident of sexual assault or sexual harassment to Eynesbury

report an incident here

It is very important that, where urgent medical or other help and support is needed, you do not wait for a response to an online report. For example, it may be necessary for you to contact the Police, or an ambulance, immediately after a serious incident occurs.

If you require immediate emergency help, contact:

On-Campus

Contact Student and Academic Services Reception on the Ground Floor [Coglin Street Campus]

  • Call +61 421 179 455 (Eynesbury after hours emergency 24 hours)
  • Call +61 448 878 943 (Eynesbury Counsellor emergency 24 hours)

Off-Campus

  • Call 000 to contact the state Emergency Services (Police, Fire, and Ambulance)
  • In non-emergency situations, you can also contact the Police on 131 444 Do you need urgent medical help?
  • Call for an ambulance – 000
  • If you do not require emergency treatment it is best not to call an ambulance. You can make your own way [with a friend, taxi or Uber] to the Emergency Department of the nearest public hospital.
  • You may decide to go to Yarrow Place Rape and Sexual Assault Service (24 hours / 7 days a week).
  • Click here for information on further crisis service and resources options

If you feel you need to talk to someone right now:

Call 1800 737 732 (1800RESPECT) - National Sexual Assault, Domestic Family Violence Counselling Service.

This line is available 24 hours a day, seven days a week, to support people impacted by sexual assault, domestic or family violence and abuse.

Getting support

There is a range of support options available to you if you have experienced sexual assault or sexual harassment. It doesn’t matter if the incident occurred recently or a long time ago, if it happened on-campus or off-campus, or whether you are a student or a staff member. Support is always available and we encourage you to make use of the free and confidential services at Eynesbury or, if you prefer, outside of the College.

For immediate support

Call 1800 737 732 (1800RESPECT) - National Sexual Assault, Domestic Family Violence Counselling Service.

This line is available 24 hours a day, seven days a week, to support people impacted by sexual assault, domestic or family violence and abuse.

Support at Eynesbury

Because sexual assault can be an overwhelming and traumatic experience, it is often useful to have someone to talk to about your feelings, fears and concerns. Professional counselling can offer you someone to talk to about the effects of the sexual assault and can provide you with information about your support and reporting options, in a safe and confidential manner.

For students:

Counselling for students is free of charge and available from Monday to Friday, 9am - 5pm. You can book an appointment via email or by phone or you can drop into the office:

Ann Sherwell asherwell@eynesbury.sa.edu.au +61 448 878 943

For staff

The Employee Assistance Program (EAP) is free of charge and available to all Eynesbury employees and their immediate family. Appointments are available from Monday to Friday, 9am - 5.00pm and can be booked by calling:

Staff can access free and confidential emotional support from the Employee Assistance Program (EAP) AccessEAP

Health Services

If you have been sexually assaulted, you may have health concerns that you would like to discuss with a doctor. Common health concerns that you could discuss with the doctor include injuries, concerns about pregnancy and sexually transmitted infections (STIs), as well as other health concerns such as sleeping difficulties, eating problems, or feeling sick. You can also ask the doctor for a certificate if you think you will need to take some time away from study.

  • UniSA Medical Clinic: 1300 172 996
  • Unicare [University of Adelaide] 8313 5050

Medical clinics associated with the Universities have been established to provide acute and preventative health care. In addition to standard medical care the clinics provides innovative programs and services which target the personal care and health of all international students and the general public.

You can visit your normal GP or medical centre. If you don’t have a regular GP you can find one here: https://www.healthdirect.gov.au/australian-health-services.

Support outside of Eynesbury

Yarrow Place: 08 8226 8787 (24 hours/7 days) and 1800 817 421 (country callers)

Yarrow Place is the lead public health agency responding to adult rape and sexual assault in South Australia. They provide free, direct services to people aged 16 years or older who have been raped or sexually assaulted or who were aged 16 years or older at the time of the assault.

Direct services include 24 hour crisis response service (medical and counselling services for recent sexual assault), professional counselling, therapeutic support groups for recent and past sexual assault, collection of forensic evidence as requested by those people who have made, or wish to make, a report to the police and referral to other services, as appropriate.

1800RESPECT: 1800 737 732

A free service, open 24 hours a day/7 days a week, to support people impacted by sexual assault, domestic or family violence and abuse.

Victim Support Service: 1800 842 846

Victim Support Service (VSS) provides free and confidential help to adult victims of crime, witnesses, their family, and friends across South Australia. You can call VSS any time after the crime – it doesn’t matter where the crime happened and you do not have to report a crime to get their help.

SHine SA: 1300 794 584

SHine SA is the lead sexual health agency in South Australia and welcomes people who are intersex, gender diverse and of all sexualities. SHine SA is a provider of primary care services and education for sexual and relationship wellbeing. They provide nurse-led and medical clinical assessment, treatment and counselling services across nine clinical sites. SHine SA may charge a fee for service.

Living Well: 07 3028 4648

Living Well provides supportive, accessible and respectful service to men who have experienced sexual abuse or sexual assault, their partners, friends and family. This is a free service.

QLife: 1800 184 527

QLife is a national telephone and web counselling service for lesbian, gay, bisexual, trans and intersex (LGBTI) people, families and friends. QLife provides nation-wide, early intervention, peer supported telephone and web-based services to people of all ages across the full breadth of people’s bodies, genders, relationships, sexualities, and lived experiences.

Lifeline: 13 11 14

Lifeline is a national charity providing anyone experiencing a personal crisis with access to 24 hour crisis support and suicide prevention services. This is a free service.

beyondblue: 1300 22 4636

beyondblue provides free information and support to help everyone in Australia achieve their best possible mental health, whatever their age and wherever they live.

Providing Support

Supporting someone who has disclosed sexual assault or sexual harassment can have a big impact on their recovery and willingness to access support services. The following steps are designed to equip Eynesbury students and staff with the skills to respond to disclosures in a compassionate, respectful and helpful manner.

1. Listen and Support

  • Your role as a support person is to simply listen and support. Your role is NOT to provide advice, offer solutions or investigate the incident.
  • Start by finding a safe, quiet and private location to talk. Remain calm and simply listen without judgement. Try not to interrupt or ask questions. Give the person time and space to talk. Silence is ok; don’t rush them.
  • People subjected to sexual assault often fear that they will not be believed. You can validate their experience with statements like “I’m sorry this happened to you” and “I’m really glad you told me”. Avoid asking too many questions because this can be misinterpreted and cause the person to feel they are not believed. Do not ask any ‘why’ questions such as “why did you drink so much?” or “why did you go with them?” because this implies the person did something wrong. Remember, they are not to blame for what happened to them.
  • You may feel a need to provide comfort by giving the person a hug or by placing a hand on their shoulder. Always ask if it is okay before touching the person. Unexpected and unwelcome physical contact can be extremely distressing to someone who has recently been sexually assaulted.

2. Establish immediate safety

If, after listening to the person, you determine that there is an immediate danger from the perpetrator (or others) or an immediate medical or physical emergency:

  • Call 000 and report the incident to emergency services

3. Consider informing an appropriate staff member

It is important that you allow the person to decide how to report an incident and who is informed, but also recognise that you are not responsible for their decisions. If you feel that you need advice or guidance, you may contact the Counsellor Ann Sherwell asherwell@eynesbury.sa.edu.au +61 448 878 943.

Provide information about options

Your role as a support person is to provide information to help the person make decisions and then refer them to trained professionals who can provide specialist help. It is important that the person disclosing has a sense of control over what happens next. You can help by providing information about their support options [Counselling, Yarrow Place, Police] and offering to make appointments and go with them if you are able to. Try not to make assumptions about what they want to do and do NOT tell them what you think they should do. The choice is entirely up to them. Listen patiently and check by asking: “what would you like to do?” and “how can I best help you?”

There is a range of support services available to students and staff who have experienced sexual assault or sexual harassment.

Reporting an Incident

Unless the person disclosing is under the age of 18 years, the decision to report an incident of sexual assault or sexual harassment is entirely up to them. Do not assume that their disclosure to you means they want to make any kind of a report about the sexual assault or sexual harassment. Your role is to provide information to help them make decisions and then support those decisions. It is important to be patient as they may need some time to consider what they would like to do.

There are a number of reporting options available to students and staff who have experienced sexual assault or sexual harassment.

If an Eynesbury student or staff member aged under 18 years has informed you that they were sexually assaulted you have an obligation to report this to the Child Abuse Report Line. Information about this can be found here.https://www.childprotection.sa.gov.au/reporting-child-abuse

The person disclosing may decide they do not wish to report the incident or access any of the support services. This decision is completely up to them and should be respected. It can take time for some people to decide what, if any, action they would like to take following a sexual assault and people can change their minds over time too.

5. Look after Yourself

Offering support to a survivor of sexual assault can be emotionally distressing and you may find that you need support yourself. It is recommended that you look after your own mental health and talk to a trained counsellor:

  • If you’re a student, please contact the Eynesbury Counsellor.
  • If you’re a staff member, please contact Navitas’s Employee Assistance Program provider or speak with your line manager.

In seeking support for yourself, please ensure you maintain confidentiality. This means speaking to someone who is bound by confidentiality (e.g. a counsellor) or ensuring you do not include any names or details which would identify those involved when speaking to friends or family.

How to support someone who has been accused of sexual assault

Here are a few ways you might help someone in this situation:

  • 1. Listen to them and refrain from judgement, commentary or question about the details of what happened.
  • 2. Provide information about their initial options for seeking support:
    • Eynesbury Counselling Service (for students)
    • Employee Assistance Program (EAP) for staff

The most helpful thing you can do is to keep the conversation firmly focussed on support options and avoid discussing the details of the allegation.

Understanding Consent and Sexual Assault

What is Sexual Assault

Sexual Assault is any type of unwanted sexual act inflicted upon a person without their free and voluntary consent and may involve a broad range of behaviours from unwanted sexualised touching through to penetration. Sexual assault is characterised by behaviours that involve the use of force, threats, coercion or control towards a person, and makes that person feel uncomfortable, distressed, frightened or threatened, and/or is carried out in circumstances under which the person has not freely agreed or consented to, or is incapable of giving consent.

What is Sexual Harassment

Sexual harassment is an unwelcome sexual advance or request for sexual favours or conduct of a sexual nature which makes a person feel offended, humiliated and/or intimidated. In the context of Eynesbury’s policy and procedures, sexual harassment includes, but is not limited to:

  • Intentional and unwelcome acts of physical intimacy including touching or kissing
  • Requests or demands (directly or by implication) for sexual favours
  • Repeated sexual requests or requests for dates after the person has said no
  • Persistent comments on how a person looks or is dressed
  • Persistent comments on a person’s sex life or sexuality
  • Sexually explicit emails, text messages, social media posts or messages
  • Degrading sexual jokes and comments
  • Sexually explicit banter or conversation
  • Sex-based insults, taunts or name-calling
  • Staring or leering

What is Consent?

Consent is the free and voluntary agreement to engage in sexual activity of any kind. In the context of the University's policy and procedures, consent is defined as the act of willingly agreeing to engage in sexual activity and requires that a person is able to freely choose between two options: yes, and no. This means that there must be an understandable exchange of affirmative words which indicates a willingness to participate in mutually agreed upon sexual activity. The age of consent to sexual activity in South Australia is 17 but this increases to the age of 18 if a person is in a position of authority over another person. The age of consent to sexual activity and the definition of consent may vary across Australian state and territory jurisdictions as well as internationally.

Consent will not be considered to have been given where a person:

  • Is incapable of consenting to the activity because they are
    • asleep;
    • unconscious; or
    • intoxicated by alcohol or any other substance to the point of being incapable of giving free and voluntary consent to sexual activity

    Consent cannot be assumed where a person:

    • is silent
    • is not fighting back (an absence of physical resistance does not equal consent)
    • says ‘no’ or ‘maybe’ (an absence of verbal protest does not equal consent)
    • is forced or coerced
    • is threatened
    • is manipulated by authority

    The following short video may also help increase your understanding of consent: https://youtu.be/fGoWLWS4-kU

    Copyright 2015 Emmeline May and Blue Seat Studios

    Policies and Procedures

    Eynesbury does not tolerate any form of sexual harassment and expects all members of the college community, its visitors and agents to treat each other with respect, courtesy and consideration. We are committed to providing a respectful, safe and inclusive environment that is free of sexual assault and sexual harassment. This includes the development of standalone policy and procedures for receiving disclosures and reporting incidents of sexual assault and sexual harassment.

    Guiding Principles

    Eynesbury’s investigation into complaints about sexual assault or sexual harassment will be undertaken in line with principles of natural justice and in a manner that is respectful to both the complainant and the respondent. Our response to complaints about sexual assault and sexual harassment will be based on the following principles:

    • All members of the college community are entitled to make a complaint.
    • Complaints can be made to the first responders, through the web portal or by contacting the Counsellor. Anonymous complaints can be submitted through the web portal.
    • A complaint may take the form of a disclosure of sexual assault or sexual harassment, or may lead to a report of sexual assault or sexual harassment. The college will support a complainant by ensuring that they understand the options available to them when pursuing their complaint.
    • Safety is of paramount importance and will be the focus of any immediate actions.
    • Actions will vary depending on the circumstances of the complaint, and whether the complainant wishes to disclose or to report the incident. In the case of anonymous complaints, it may not be possible for an investigation to be initiated for reasons of procedural fairness and natural justice.
    • Individuals who make, or who are the subject of a complaint, will be treated fairly and in a supportive manner.
    • Complaints submitted through the web portal will be acknowledged within a reasonable timeframe.
    • When a complainant reports an incident of sexual assault or sexual harassment, an investigation will be initiated within a reasonable timeframe.
    • Investigation procedures will adhere to the principles of natural justice and will be undertaken by a person with relevant expertise.

    Eynesbury Reporting Procedure

    If you have been subjected to sexual assault or sexual harassment, you may be faced with a number of decisions. The College provides a range of support, disclosure and reporting options for students and staff who have experienced or witnessed sexual assault or sexual harassment.

    If you wish to disclose or report an incident to the College, we encourage you to make contact with one of our designated First Responders who are specially trained to respond to disclosures of sexual assault or sexual harassment and can advise you of your options.

    You may also choose to disclose or report the incident online at any time.

    Whatever you decide to do, you do not have to go through this alone. There are many support services available to you through Eynesbury and other external organisations.

    Making contact with a First Responder

    You may disclose or report an incident of sexual assault or sexual harassment by raising it with a First Responder. You should advise the First Responder whether you wish to make a report of the incident. Reporting an incident of sexual assault or sexual harassment will initiate an investigation within Eynesbury.

    If you decide to make a report, the First Responder will advise you of your support options and, if needed, assist you with reporting the matter to the Police (for sexual assault matters) if you choose to do so.

    What can I expect when I report an incident of sexual assault or harassment to Eynesbury College?

    Investigation

    • If the respondent (the person whose actions you are making a report about) is a student, your report will be referred to the College Director to initiate an investigation.
    • If the respondent is a staff member or is engaged by Eynesbury under any other contractual arrangement, your report will be referred to the Quality and Compliance team to initiate an investigation.
    • The respondent will be provided with details of the complaint made against them and will be given 10 working days (or such other time specified by the College Director) to consider and provide a response.
    • If needed, witnesses may also be interviewed as part of the investigation. Information will not be unnecessarily disclosed to witnesses and the importance of confidentiality will be reinforced.

    All investigations will be undertaken, following the principles of natural justice, and in a way that is respectful to both the complainant and the respondent. We will reinforce the importance of confidentiality with the complainant, respondent and any support people for both parties.

    If the incident has been reported to the Police or to the Equal Opportunity Commission (EOC), we will not take any action that may compromise the police investigation. We will continue to make support resources available during this period. We may also take other interim measures to ensure your safety and that of other members of the Eynesbury community, following consultation with the Police or the EOC.

    On completion of the police or EOC investigation, the university may undertake appropriate actions in alignment with its policies, code of conduct and bylaws.

    Decision

    Information gathered during the Eynesbury College investigation will be documented by the investigator and a report will be prepared. The decision about any action required, arising from the investigation, will be made by the College Director.

    Outcome

    Where it is determined that a complaint is substantiated, Eynesbury College will decide upon the appropriate disciplinary actions aligned with:

    • appropriate bylaws and statues, if the respondent is a student;
    • the relevant enterprise agreement if the respondent is a staff member, or the relevant contract if the respondent has been engaged by the college under any other contractual arrangement.

    Can I withdraw my complaint?

    As a complainant, you have the right to withdraw your complaint at any stage of the process. However, we may continue to act on the complaint to ensure your safety and that of other members of the Eynesbury community.

    Potential outcomes of complaints of sexual assault and sexual harassment

    There are five potential outcomes arising from a complaint about an incident of sexual assault or sexual harassment. One or more of the following outcomes may apply:

    • 1. Referral to a specialised counselling and medical service (such as Yarrow Place Rape and Sexual Assault Service) or the Eynesbury Counsellor
    • 2. Potential disciplinary action for the respondent such as suspension, expulsion or program leave (if they are a student), or counselling and/or disciplinary action (if they are a staff member); and/or
    • 3. Identification of any changes in college policies, procedures, training or contractual arrangements; and/or
    • 4. Police investigation and possible prosecution via the relevant criminal justice system in the state, territory or country where the sexual assault took place for sexual assault offences. Complaints of sexual harassment may result in further investigation or conciliation, as determined by the EOC or AHRC
    • 5. Where there is an unproven complaint, no action.

    Review Mechanisms

    For Students

    Where the complainant is a student and is dissatisfied with the management of the complaint they can contact the state ombudsman https://www.ombudsman.sa.gov.au/complaints/

    FAQ

    What is Sexual Assault?

    Sexual Assault is any type of unwanted sexual act inflicted upon a person without their free and voluntary consent and may involve a broad range of behaviours from unwanted sexualised touching through to penetration. Sexual assault is characterised by behaviours that involve the use of force, threats, coercion or control towards a person, and makes that person feel uncomfortable, distressed, frightened or threatened, and/or is carried out in circumstances under which the person has not freely agreed or consented to, or is incapable of giving consent.

    What is Sexual Harassment?

    Sexual harassment is an unwelcome sexual advance or request for sexual favours or conduct of a sexual nature which makes a person feel offended, humiliated and/or intimidated. In the context of the College's policy and procedures, sexual harassment includes, but is not limited to:

    • Intentional and unwelcome acts of physical intimacy including touching or kissing
    • Requests or demands (directly or by implication) for sexual favours
    • Repeated sexual requests or requests for dates after the person has said no
    • Persistent comments on how a person looks or is dressed
    • Persistent comments on a person’s sex life or sexuality
    • Sexually explicit emails, text messages, social media posts or messages
    • Degrading sexual jokes and comments
    • Sexually explicit banter or conversation
    • Sex-based insults, taunts or name-calling
    • Staring or leering

    What is Consent?

    Consent is the free and voluntary agreement to engage in sexual activity of any kind. In the context of the colleges policy and procedures, consent is defined as the act of willingly agreeing to engage in sexual activity and requires that a person is able to freely choose between two options: yes, and no. This means that there must be an understandable exchange of affirmative words which indicates a willingness to participate in mutually agreed upon sexual activity. The age of consent to sexual activity in South Australia is 17 but this increases to the age of 18 if a person is in a position of authority over another person. The age of consent to sexual activity and the definition of consent may vary across Australian state and territory jurisdictions as well as internationally.

    Consent will not be considered to have been given where a person:

    • Is incapable of consenting to the activity because they are
      • asleep;
      • unconscious; or
      • intoxicated by alcohol or any other substance to the point of being incapable of giving free and voluntary consent to sexual activity

    Consent cannot be assumed where a person:

    • is silent
    • is not fighting back (an absence of physical resistance does not equal consent)
    • says ‘no’ or ‘maybe’ (an absence of verbal protest does not equal consent)
    • is forced or coerced
    • is threatened
    • is manipulated by authority

    Where do I go if I need support?

    There is a range of support options available to you if you have experienced sexual assault or harassment. It doesn’t matter if the incident occurred recently or a long time ago, if it happened on-campus or off-campus, or whether you are a student or a staff member. Support is always available and we encourage you to make use of the free and confidential services both at Eynesbury College or, if you prefer, outside of the College.

    What options are available to support students with their academic work?

    People who have been subjected to sexual assault or sexual harassment can experience a range of effects which can have an impact on their studies. The college may be able to help you by getting extensions on assignments, extra time in exams or deferred exams. You should contact our Counsellor to make an appointment as soon as possible to discuss your options and to seek emotional support.

    Can I access support anonymously?

    Support is always available and we encourage you to make use of the free and confidential services both at Eynesbury or, if you prefer, outside of the College. You can anonymously seek confidential support from Lifeline Australia 24 hours a day, 7 days a week by calling 13 11 14 or by accessing the crisis support chat Crisis Support - Chat | Lifeline (lifelinedirect.org.au) between 6.30pm and 11.30pm 7 days a week.

    Alternatively, you can also call the National Sexual Assault, Domestic and Family Violence Counselling Service 1800RESPECT on 1800 737 732. This is a free, 24 hour a day/7 day a week service.

    What does it mean to disclose an incident of sexual assault or harassment?

    Disclosure is telling someone about an incident of sexual assault or sexual harassment and/or seeking advice or support without necessarily initiating a formal report with the college or externally to the police or Equal Opportunity Commission (EOC) for sexual harassment. This does not preclude you from making a formal report to the college or the police at a later stage – you can do so at any time.

    Please note: If you are under the age of 18 and disclose a sexual assault, the Eynesbury College is legally obliged to report the matter to the Child Abuse Report Line (CARL).

    What does it mean to report an incident of sexual assault or harassment to the College?

    Reporting an incident of sexual assault or sexual harassment is a formal process, requiring a response from the college, in line with relevant policies and procedures. This can mean taking the appropriate action in conjunction with the police, professional bodies or other government agencies, such as the Equal Opportunity Commission, in order to investigate and resolve the matter.

    You can also choose to report the incident to the police or Equal Opportunity Commission.

    Will my disclosure/report be treated as confidential?

    The information you provide is treated confidentially and information shared only with those who need to know in order to investigate and resolve the matter. However, there are exceptions, where the college may need to make further disclosures, including:

    • when we believe you or a member of the college community is in danger
    • when a person aged under 18 years of age is involved
    • to assist in making safety plans
    • to arrange support for you
    • when the state or federal law requires it

    Can I make an anonymous report?

    Yes. It is up to you what information you provide to us and you can use the online reporting system when you want to ensure that the college is aware that an incident happened, but you don’t want to reveal your identity. If you decide to make an anonymous report, we are limited in the follow-up action we can take. For example, the college is unlikely to commence a formal investigation based upon an anonymous report. However, if a number of anonymous reports highlight particular activities or areas of risk, the college may take steps to reduce the risk of further incidents occurring. You may also make an external anonymous report through the 'Sexual Assault Report Anonymously' (SARA) website.

    Under 18 years of age?

    If you are under the age of 18 and report a sexual assault, the Eynesbury College is legally obliged to report the matter to the Child Abuse Report Line (CARL), which is part of the Department for Child Protection (DCP). Workers from DCP may get in touch with you, especially if your safety is at risk. DCP will also forward the information about the sexual assault to the police. The police may contact you to discuss what happened and if you would like to report it to the police for investigation.

    What should I do if I have been accused of sexual assault or harassment?

    Eynesbury has a zero tolerance policy for sexual harassment and sexual assault. However, we will never take action without conducting a full investigation during which the respondent will be provided with the complaint details and given an opportunity to respond. Students or staff accused of sexual assault or sexual harassment can take the following steps:

    • Seek advice and support

    Acting immediately when you may be upset, angry, confused or shocked is unlikely to help your case. It is always better to seek advice and support first so that you can take informed action.

    • Find out about the investigation process

    You are entitled to understand your rights and the process of a college investigation. Asking questions about this will never be linked to an assumption of wrongdoing.

    • Access support

    Students can access free and confidential emotional support from the Counsellor. Staff can access free and confidential emotional support from the Employee Assistance Program (EAP) AccessEAP

    Be prepared for possible scenarios

    Interim Action

    In some situations, Eynesbury may need to limit your contact with the college during an investigation. This is not a punishment. It may be necessary to protect yourself from further complaints. If Eynesbury decides that interim action is required, you will be notified in writing and have the option to appeal this decision.

    Police Investigation

    A report may be made to the police as well as the college. In this case, Eynesbury cannot perform its own investigation until the police investigation has concluded. Eynesbury can use information from, or the outcome of, a police investigation in its own internal investigation. Eynesbury may pass information to police when someone is at immediate or significant risk or when the police have asked us to.

    What should I do if someone makes a disclosure of sexual assault or harassment to me?

    Disclosing an incident of sexual assault or sexual harassment is a big step to take for the person disclosing, so it’s important to respond with empathy and to offer support. For detailed information on what you can say, do and how you can help, please see the providing support page.

    Useful Apps

    Daisy app | 1800RESPECT

    The Daisy App has been developed by 1800RESPECT to connect anyone experiencing violence or abuse to services in their local area. Available free from iTunes or Google Play. Once downloaded the app will allow you to find support in your local area.