• Section 1 - Preamble
• Section 2 - Purpose
• Section 3 -  Scope
• Section 4 -  Policy
• Policy Principles
• Section 5 - Non-Compliance

Section 1 - Preamble

(1) The University (“CDU”, “The University”) is committed to providing a safe and respectful environment that supports the rights of all persons within the University community to work and study safely and free from sexual violence.

(2) Sexual violence includes any sexual behaviours or sexual acts that are committed against a person’s will. Sexual violence is a form of gender-based violence and includes but is not limited to sexual abuse, exploitation, fraternisation and harassment. CDU works to actively address the range of drivers for this violence. 

(3) All members of the University community share the responsibility for appropriate conduct and to maintain a safe working and learning environment free from sexual violence.

Section 2 - Purpose

(4) This policy outlines the prevention, preparation, response and recovery principles the University has adopted regarding sexual violence within the CDU community in accordance with the Work Health and Safety (Sexual and Gender-based Harassment) Code of Practice 2025.

(5) The policy should be read in conjunction with the Sexual Violence Response Procedure, the Code of Conduct - Employees and the Code of Conduct – Students.

Section 3 -  Scope

(6) This policy applies to all members of the University community, including, but not limited to, employees, students, members of University Committee members, honorary appointees, volunteers, contractors, consultants and visitors.

(7) The policy applies when persons are working, studying, representing or travelling with or for CDU, including, but not limited to, attending and engaging in CDU events both on-and off-campus, functions and activities (e.g. end-of-year functions, sporting events, cultural events, competitions, placements, conferences, taking place nationally and internationally). This policy applies to all CDU locations, including but not limited to CDU campuses, premises and facilities, premises where CDU business or activities take place, and CDU owned or operated virtual spaces. 

Section 4 -  Policy

Policy Principles

Prevention

(8) The University will:

1. undertake a positive duty to prevent and eliminate sexual violence to the greatest extent possible, and foster an environment where all members of the University community are treated with dignity, courtesy and respect. It will maintain a working and learning environment that does not tolerate and actively works to prevent sexual violence, fraternisation and transactional relationships where sexual activity is exchanged for benefits; 
2. implement prevention of sexual violence training and awareness raising strategies to ensure that all persons know their rights and responsibilities, including the consequences for those persons who fail to take appropriate action to prevent occurrences from occurring or continuing; and
3. actively promote appropriate standards of conduct at all times in accordance with the University Code of Conduct - Employees and the Code of Conduct – Students.

Preparedness

(9) The University will:

1. maintain effective complaints procedures based on the principles of procedural fairness;
2. provide written procedures that provide clarity and transparency for the management of sexual violence disclosures in a timely and sensitive manner; and
3. create a safe environment for disclosure through training employees to manage disclosures of sexual violence, including where these lead to formal reports. 

Response

(10) The University will:

1. encourage members of the University community who witness or experience any incidences of sexual violence to disclose the matter. Disclosures may be made in the ways outlined in the Sexual Violence Response Procedure. Employees can make a disclosure to People and Culture, their manager or senior manager, disclose online via online reporting tool, or to another employee who they feel comfortable making the disclosure to. Employees may access leave in accordance with the Domestic Violence Leave Procedure. Students may disclose online via online reporting tool, contact the CDU Counselling Service, and speak to a Specialist Counsellor;
2. respond with care and compassion to disclosures of sexual violence, prioritising the needs of the victim survivor and focusing on their health, safety and wellbeing through trauma-informed support;
3. ensure that the victim survivor is kept informed about subsequent action to be taken, respecting their right to decide whether to proceed with an internal complaint, and/or proceed with a police report, unless mandatory reporting is required by legislation;
4. ensure persons making a disclosure are provided with culturally appropriate and accessible support resources and services, both within the University and within their local community, including access to free and confidential counselling services, provided by a qualified professional;
5. treat all disclosures of sexual violence seriously, including conducting prompt, impartial and confidential investigations where appropriate, noting that:
   1. the University may take action in relation to a disclosure, even if the discloser does not want to make a formal report or have any further action taken. This may occur where there is a serious or imminent risk to the safety of another person or persons, or to meet CDU’s legal obligations. This includes but is not limited to Child Protection and Domestic Family Violence mandatory reporting requirements, and disclosures of misconduct made under the Whistleblower Reporting (Improper Conduct) Procedure in accordance with the Independent Commissioner Against Corruption Act 2017 mandatory reporting obligations; 
   2. referral of a case to the Police does not preclude the University from dealing with the matter through its internal disciplinary procedures; and
   3. The University will act to protect any person making a sexual violence disclosure or complaint against victimisation and reprisals.

(11) Sexual violence disclosures and complaints can also be made to the relevant external organisation:

1. Anti-Discrimination Commissioner – NT/QLD/NSW
2. Equal Opportunity Commissioner – TAS/VIC/WA
3. Human Rights Commissioner – ACT
4. Australian Human Rights Commissioner
5. Fair Work Australia Ombudsman

(12) Support is also available through external sources including online counselling services. A list of supports are on the Support Services webpage. 

Recovery

(13) The University will:

1. support the victim survivor in a person centred and trauma informed way, and also support the person to continue to meet their work or study goals, making the necessary arrangements for changes to deadlines or schedules as required;
2. ensure that first responders and bystanders provide information on a range of options designed to minimise further disruption to study or work goals and assist to increasing personal safety, such as changes to assessment deadlines, enrolment records, timetabled classes, campus/office location, changing of locks, display names, email or contact details where required;
3. ensure that the disclosure of incidents of sexual violence will be considered as grounds for special circumstances or special consideration in academic matters, allowed elsewhere in policy, facilitated by the responder to minimise the need for further disclosure;
4. not tolerate victimisation or reprisal following disclosure of sexual violence; and
5. regularly consider de-identified reports of sexual violence disclosures, including any trends or patterns noted in the data, to ensure that the University continues to improve its efforts to prevent, prepare for or respond to such matters.

Section 5 - Non-Compliance

(14) Non-compliance with Governance Documents is considered a breach of the Code of Conduct - Employees or the Code of Conduct – Students, as applicable, and is treated seriously by the University. Reports of concerns about non-compliance will be managed in accordance with the applicable disciplinary procedures outlined in the Charles Darwin University and Union Enterprise Agreement 2022 and the Code of Conduct – Students.

(15) Complaints may be raised in accordance with the Complaints and Grievance Policy and Procedure - Employees and Complaints Policy – Students.

(16) All employees have an individual responsibility to raise any suspicion, allegation or report of fraud or corruption in accordance with the Fraud and Corruption Control Policy and Whistleblower Reporting (Improper Conduct) Procedure.