• Section 1 - Preamble
• Section 2 - Purpose
• Section 3 - Scope
• Section 4 - Procedure
• Disclosures
• Formal Reports
• Direct action by CDU
• Appeals
• Communication between CDU and parties
• Making a report to the police
• Precautionary measures and interim supports
• Protection from victimisation
• Additional requirements for University residences
• Support for respondents
• Privacy
• Section 5 - Non-Compliance

Section 1 - Preamble

(1)  Charles Darwin University (‘CDU,’ ‘the University’) is committed to eliminating gender-based violence and maintaining a safe, respectful and inclusive environment for all employees, students, and the broader community. The University is committed to ensuring all employees, students, and members of the University community can work and study in a physically and psychologically safe environment.

(2) Gender-based violence at CDU is unacceptable and will not be tolerated under any circumstances. CDU works to actively address the range of drivers of gender-based violence.

(3) Aligned with the National Higher Education Code to Prevent and Respond to Gender-Based Violence, CDU is committed to ensuring all employees are adequately trained and supported to respond to disclosures and reports of gender-based violence.

Section 2 - Purpose

(4) This procedure outlines the process for persons to disclose or report gender-based violence to CDU. It sets out how disclosures and reports will be managed and the accessible pathways available for victim survivors to seek support and information.

(5) This procedure describes the University's accessible and non-discriminatory response, reporting, and support services, which are available for all members of the University who disclose or report gender-based violence.

(6) For emergency contact points or support services, please refer to Table 1 and Table 2 within this document.

(7) This procedure supports and gives effect to the University's Gender-based Violence Prevention Policy.

Section 3 - Scope

(8) This procedure applies to all members of the University community including, but not limited to employees, students, Council members, volunteers, contractors, consultants, and visitors.

(9) This procedure applies:

1. at all times 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 (such as end-of-year functions, sporting events, cultural events, competitions, placements, conferences, taking place nationally and internationally); and 
2. to all CDU locations, including but not limited to CDU campuses, premises and facilities, premises where CDU business or activities take place, CDU-owned, operated, controlled, or managed student accommodation, and CDU-owned or operated virtual spaces. It also applies to CDU-affiliated organisations and organisations who lease CDU land and its facilities.

(10) This procedure applies where the alleged person of concern (respondent) is a student or employee of the University, regardless of the context. In these instances, a third party unrelated to CDU may make a disclosure or a formal report in accordance with this procedure.

(11) Where a disclosure or report is in relation to a current employee or student, these procedures should be read in conjunction with the following codes:

1. the Code of Conduct - Students where the subject of the disclosure/report is a student; or
2. the Code of Conduct - Employees where the subject of the disclosure/report is an employee.

(12) This procedure does not set out the disciplinary process for persons who are the respondent in relation to a disclosure of or report about gender-based violence.

Section 4 - Procedure

(13) Any member of the University community who experiences, witnesses, or is aware of an incident of gender-based violence, is strongly encouraged to disclose the matter to CDU, even if they are uncertain about whether to make a formal report.

1. Employees may make independent disclosures and formal reports. There is no obligation to make disclosures or formal reports to their supervisor, line manager, or administrative team, or to inform them that a disclosure or formal report has been made, unless their knowing is necessary for the safety and wellbeing of students and/or employees.

(14) This procedure adopts a trauma-informed approach which emphasises the safety and well-being of anyone disclosing incidents of gender-based violence, while addressing their individual needs through tailored support options.

(15) Where the discloser or respondent is a resident of student accommodation or an employee whose work is in connection with student accommodation, additional requirements and timelines apply. For more information, see Additional requirements for University residences in this procedure.

(16) All University employees, including employees of directly owned, operated or managed student accommodation have additional obligations. They must declare whether they have been investigated for an allegation of gender based violence, or determined to have engaged in conduct that constitutes gender based violence during the course of their previous employment, or are otherwise in a legal process.

(17) Investigations where gender-based violence is substantiated, or investigations which remain ongoing may impact a person’s suitability to continue in the position and their eligibility for future promotion or recognition.

Disclosures

(18) Disclosures refer to the sharing of information with another person about an incident or incidents of gender-based violence. Disclosures can be made to anyone and are usually made to a person who is known and trusted. A person who discloses an incident or incidents of gender-based violence (the ‘discloser’) may be a victim survivor, a bystander, or a third party, and they may be seeking advice, information about resources, and/or support options, and may or may not want to make a formal report.

(19) Reporting is one possible outcome of a disclosure, however, the decision to make a formal report is the choice of the victim survivor.

(20) The University may investigate a disclosure where it is necessary for the safety and wellbeing of students and/or employees, even where a formal report has not been made.

(21) Disclosures of gender-based violence may be made to CDU via the pathways set out in this procedure, which includes various options to seek advice, support, express safety concerns, and/or explore formal reporting options.

(22) CDU recognises that disclosures may also be made outside these pathways to other members of the University community and encourages these individuals to seek support as per Table 2.

(23) Disclosures of gender-based violence can be made on an anonymous basis where disclosers and/or respondents may not be identified. CDU takes anonymous disclosures seriously; however, anonymity may limit the actions CDU is able to take where identifying information is not provided.

(24) A student or employee may receive a disclosure of gender-based violence from a victim survivor, bystander, or person using violence. In these circumstances, the student or employee is encouraged to support the discloser to seek assistance and access resources by:

1. referring the discloser to the relevant resources in Table 1 so they can make contact directly if they wish;
2. seeking information and support from the resources in Table 2 and sharing this with the discloser; and/or
3. making the report on behalf of the victim survivor via the channels outlined in Table 1. 

(25) Disclosures or reports made to other areas of the University will also be accepted. Any disclosure made to an employee about gender-based violence involving a member of the University community, or associated with the University, must be reported via the: online reporting tool.

Making a disclosure or report

(26) Table 1 sets out the appointed CDU primary contacts to make a disclosure or a formal report of gender-based violence. Disclosures and formal reports can be made to these contacts irrespective of where the alleged gender-based violence occurred. In an emergency or concerning an incident requiring immediate response, individuals should refer to the emergency response contacts listed in Table 2.

Table 1 – CDU primary contacts

Services and support

(27) CDU provides services and support for those who are experiencing, have experienced, witnessed or been made aware of incidents of gender-based violence. Table 2 details key contacts who can provide emergency assistance, and advice, support and referrals to external services relating to gender-based violence.

1. Where the discloser or respondent is a resident of student accommodation or an employee whose work is in connection with student accommodation, additional requirements and timelines apply. For more information, see Additional requirements for University residences as outlined in this procedure.
2. Further guidance for all members of the University community on how to support a victim survivor is available via the Respect. Now. Always. website.

Table 2 – Emergency, support, and referral contacts

Direct action by CDU

(28) CDU will support victim survivors by:

1. facilitating safety and wellbeing, and promoting their recovery to the greatest extent possible;
2. providing advice about internal and external reporting options;
3. providing the option to have a support person attend meetings or interviews;
4. providing information to guide the victim survivor's decision-making;
5. connecting victim survivors with internal and external support services, including accredited specialists and prioritising urgent access to translation or interpreter services;
6. ensuring, to the extent possible, that the victim survivor is not required to repeat the content of disclosures and formal reports multiple times to multiple people;
7. working with victim survivors to create a tailored support plan, including accessing necessary academic adjustments and accommodations to teaching, research, working, or, where possible, living arrangements;
8. undertaking ongoing risk assessments to manage and monitor any identified risks;
9. where necessary, discussing the investigation and disciplinary processes which may occur, and the range of resolutions and sanctions available if an allegation of gender-based violence is substantiated against the respondent; and
10. implementing precautionary safety measures where required.

(29) CDU will endeavour to respect and support a victim survivor's choices in disclosing gender-based violence and empower them to decide the steps they wish to take, including whether or not to make a formal report to the police, or to access advice and support.

(30) There are some circumstances where CDU may take action in relation to a disclosure, even if the victim survivor 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 the Independent Commissioner Against Corruption Act 2017 mandatory reporting obligations in accordance with the Whistleblower Reporting (Improper Conduct) Procedure.

(31) In such circumstances, and to the extent possible, CDU will take measures to avoid identifying the victim survivor.

(32) Where such matters involve alleged criminal conduct, CDU may contact the police and suspend any action under this procedure pending an investigation by the police.

(33) CDU will inform the discloser about its obligations to take such direct action and will discuss and provide any advice and support required.

Formal Reports

(34) A formal report refers to a victim survivor providing a detailed account of an alleged experience of gender-based violence to a person or institution that must provide support services and must consider taking further steps, including but not limited to the commencement of an investigation and/or disciplinary process in appropriate circumstances.

(35) Persons that have witnessed or become aware of gender-based violence, may also choose to make a report. When this occurs, the report is referred to as a third-party report.

Making a formal report to CDU

(36) Victim survivors may choose to make a formal report relating to gender-based violence via one or more of the pathways set out in Table 1. Victim survivors will be asked to confirm whether they wish to make a formal report when they make a disclosure. CDU supports the right of persons to decide whether to formally report instances of gender-based violence either internally to CDU and/or to external agencies such as the police as outlined in this document.

(37) When a third-party report is made, the discloser will be asked confirm:

1. whether they have spoken to the victim survivor and communicated their intention to make a report; and
2. whether the victim survivor has given permission to be named in the report.

(38) If the victim survivor has not given permission to be named, an anonymous report must be made.

(39) Formal reports can be made anonymously. Such reports are taken seriously and reasonable and proportionate action will be taken. However, anonymity may limit the actions able to be taken by CDU, including the ability to investigate the report or the provision of support or updates to the victim survivor. Anonymous reports will be used to identify any trends and risks to inform future action to prevent gender-based violence.

(40) A victim survivor has the right to withdraw a report relating to gender-based violence and may seek support to do so via the channels outlined in Table 1.

(41) Where an investigation or disciplinary action is already underway, a report may not be able to be withdrawn, however, CDU will respect the wishes of the victim survivor to withdraw from participating in the process.

Direct action by CDU

(42) Where a victim survivor chooses to make a formal report, CDU may make enquiries into the report and undertake an investigation or an alternative resolution pathway including, but not limited to, facilitated discussions, non-disciplinary meetings, and/or referrals to educational programs.

(43) All formal reports will be investigated, and a formal conclusion reached, including the finalisation of a disciplinary process, within forty-five (45) business days of making a report.

(44) When determining appropriate action, CDU will consider the seriousness of the report, the perspective and circumstances of the victim survivor and the respondent.

1. Where a student is the respondent, the report will be handled in accordance with the Code of Conduct - Students.
2. Where an employee is the respondent, the report will be handled in accordance with the Code of Conduct - Employees.
3. Where a member of the University community who is neither an employee nor student is the respondent, the report will be referred to the relevant area for input or action, as set out in the relevant/applicable instruments of appointment and/or contract terms.
4. Where a visitor or another person who is not a CDU student, employee or associate is the respondent, CDU will support the victim survivor within the bounds of its authority and provide them with referrals to relevant external organisations.

(45) Where an investigation is undertaken, CDU will seek to ensure the process is:

1. conducted by individuals trained in a safety-first, trauma-informed approach to responding to gender-based violence;
2. impartial and procedurally fair to all parties involved; and
3. responsive to complex and sensitive issues.

(46) Following an investigation that substantiates an allegation of gender-based violence, the respondent will be held accountable, and any action taken will be proportionate to the seriousness of the matter.

(47) Such action for a student may include:

1. disciplinary action up to and including exclusion or expulsion from CDU;
2. reassignment of a person’s study location or class allocation;
3. temporary ban on a person attending University premises, parts of University premises, or accessing facilities, including digital facilities; or
4. temporary or permanent ban from residing in University-owned, operated, or managed student accommodation.

(48) Such action for employees may include:

1. disciplinary action up to and including termination of employment under section 59.4 of the Charles Darwin University and Union Enterprise Agreement 2025;
2. reassignment of a person’s work location;
3. temporary ban on a person attending University premises, parts of University premises, or accessing facilities, including digital facilities; or
4. temporary or permanent ban from residing in University-owned, operated, or managed student accommodation.

(49) Where an allegation of gender-based violence is substantiated, the University will respond with a proportionate and safety focused response, which may comprise a resolution agreed between the victim-survivor and the respondent which does not involve a disciplinary process, but rather focuses on the implementation of safety measures.

(50) Unless the victim-survivor requests otherwise, the University will notify the victim-survivor in writing of the outcome of the investigation, including if a disciplinary process will be commenced, on the same day as the respondent being notified.

(51) Unless the victim survivor requests otherwise, the victim survivor and the respondent will be informed of any resulting disciplinary process, the outcome and the rationale on the same day. Both parties have the right to make an internal or external complaint via the following channels:

1. Complaints Policy - Students;
2. Complaints and Grievance Policy and Procedure - Employees; and/or
3. The National Student Ombudsman.

Appeals

(52) A respondent may choose to appeal a disciplinary decision. If an appeal is lodged, the University will:

1. advise the victim-survivor within two (2) business days of the appeal being lodged and information on the potential outcomes of the appeal;
2. finalise the appeal process within twenty (20) business days;
3. unless the victim survivor requests otherwise, the victim survivor and the respondent will be informed of the outcome of the appeal process, and the rationale on the same day.

(53) Both parties have the right to make an internal or external complaint via the channels listed above.

(54) An individual who makes a disclosure with frivolous, vexatious, or malicious intent will be subject to disciplinary misconduct procedures under the Code of Conduct - Students or the Code of conduct - Employees.

Communication between CDU and parties

(55) When a report is made by a student, the discloser will be contacted by the Associate Director Student Support, Safer Communities Specialist Counsellor or alternatively appointed CDU representative within two (2) business days.

(56) Where the report is made by an employee, the discloser will be contact by Deputy Director People and Employee Relations or alternatively appointed CDU representative within two (2) business days.

(57) The University must notify the victim-survivor and respondent in writing if an investigation will be commenced. The notification must be made to the victim survivor and respondent on the same day, and the victim-survivor must be notified first.

(58) Throughout the investigation the victim survivor and the respondent will be provided with updates via phone or email (whichever is their preference) on the investigation every five (5) to ten (10) business days or as otherwise applicable depending on the status of the investigation.

(59) Where the discloser is a bystander or third party, the discloser will be provided with updates of the investigation only when directly relevant to the discloser.

(60) The outcome of any investigation will be communicated to the victim survivor and the respondent on the same day by the professional conducting the investigation or another nominated party. A safety-first, trauma-informed approach which considers the nature of the report, the victim survivor’s requests, resources required, and safety of all parties will be taken when communicating outcomes.

(61) If the victim survivor is a student, the Associate Director Student Support, Safer Communities Specialist Counsellor or alternatively appointed CDU representative may attend this meeting if requested by the victim survivor. If the victim survivor is an employee, the Deputy Director People and Employee Relations may attend this meeting if requested by the victim survivor.

(62) The University will not initiate the use of a non-disclosure agreement (NDA) unless at the request of the victim survivor. Any use of an NDA will be in accordance with the principles outlined in the Gender-based Violence Prevention Policy.

Making a report to the police

(63) While CDU can assess and investigate formal reports of gender-based violence and make a determination on the balance of probabilities that the alleged gender-based violence did occur, constituting a breach of CDU policy, this is not a substitute for a criminal process.

(64) Gender-based violence may amount to criminal conduct and anyone who has experienced gender-based violence may report their experience to the Police, regardless of any decision to make a disclosure or report to CDU.

(65) If there is a Police investigation or legal proceeding arising from gender-based violence that is also subject to a formal report to CDU, the police investigation or legal proceeding takes precedence over any CDU process, procedure, schedule or investigation.

(66) CDU processes may be suspended until any police investigation or legal proceeding is finalised, however, reasonable action may still be taken by CDU to support safety and manage risk.

(67) Any action taken by CDU in relation to a formal report of Gender-based violence will be conducted in a way that avoids, to the extent possible, interference or perceived interference with current, pending or future Police investigations or legal proceedings.

Precautionary measures and interim supports

(68) CDU takes a safety-first, trauma-informed approach to responding to incidents of gender-based violence and may facilitate, negotiate and implement precautionary measures to support the safety and wellbeing of the victim survivor and the CDU community.

(69) Precautionary measures can be implemented even if a formal report has not been made.

(70) CDU may decide to implement precautionary measures after receiving a disclosure or formal report of gender-based violence, noting that:

1. the precautionary measures may be ongoing for the duration of a respondent’s association with CDU, or may apply for a set period of time;
2. the precautionary measures will be reasonable and proportionate to the seriousness of the circumstances; and
3. precautionary measures do not constitute a penalty or sanction, nor indicate that CDU has determined that a breach of the Code of Conduct - Students or Code of Conduct – Employees has occurred.

(71) The victim survivor's wellbeing and wishes will be at the centre of the decision-making process when determining any precautionary measures to implement. Such measures may include, but are not limited to:

1. reviewing the access to buildings and/or CDU property of the respondent;
2. temporarily preventing attendance at specified activities (such as classes or participation in non-academic activities for students, or workplace activities for employees);
3. supporting the victim survivor to block communication from the person who is the subject of a disclosure of gender-based violence via channels including, but not limited to, social media, email, letter, telephone or through a third party;
4. reallocation of the respondent to alternative accommodation; and
5. supporting victim survivors to access reasonable adjustments and accommodations to teaching, research, working, or, where possible, living arrangements, and contact persons within the University.

(72) Decision making in relation to precautionary measures will be escalated to the Provost for students and the Director People and Culture for employees. Interim measures will be provided in written notice to the respondent within a timeframe proportionate to the incident and will contain:

1. the terms of the interim measures;
2. the period of the interim measures;
3. the reasons for the interim measures;
4. information and support to access counselling and psychological support through CDU Counselling for students and Employee Assistance Program for employees, and information about how to access external support services; and
5. a copy of the Gender-based Violence Prevention Policy and this procedure.

(73) A student’s failure to comply with a precautionary measure may constitute a breach of the Code of Conduct - Students.

(74) An employee’s failure to comply with a precautionary measure may constitute a breach of the Code of Conduct - Employees.

Protection from victimisation

(75) CDU will not tolerate conduct that victimises a person who:

1. makes an allegation, disclosure or report of gender-based violence to CDU or any external agency;
2. files a complaint with the police;
3. is involved in or is a witness in an investigation or hearing in relation to an allegation of gender-based harm; or
4. is otherwise associated with a student or employee who has pursued rights under this procedure.

(76) Any conduct that victimises a person relating to gender-based harm may constitute a breach of University policies and may result in action taken by CDU in accordance with those policies.

Additional requirements for University residences

(77) All employees of directly owned, operated or managed student accommodation have obligations in addition to those already outlined in this procedure, as follows:

1. they must declare any existing or previous intimate personal relationship with a resident of University accommodation via the conflict of interest e-form. This may result in implementation of a conflict management plan, and in turn impact a person’s suitability to continue in the position.

(78) Where the discloser or respondent is a resident of student accommodation or an employee whose work is in connection with student accommodation, the University will, in addition to other provisions of this procedure:

1. undertake a risk assessment within forty-eight (48) hours of receiving the disclosure or formal report, or immediately when required. The risk assessment must:
   1. take into account and seriously consider the views of the discloser; and
   2. determine safety measures to be implemented to protect the safety of the discloser and other residents, which may include relocation of the respondent to alternative accommodation; and
2. ensure the tailored support plans for the discloser and respondent are developed and implemented within forty-eight (48) hours of the disclosure or formal report.

(79) The University may also take immediate action prior to a risk assessment being finalised to ensure the safety of the victim-survivor, other residents, and student accommodation staff, which may include urgent relocation of the alleged person of concern (respondent).

Support for respondents

(80) Following a formal report, respondents will be provided with details of the nature of the report and be given the opportunity to respond. They will be informed of the steps involved in any resolution process and be provided with reasonable updates throughout such processes.

(81) Respondents will be provided with:

1. a tailored support plan with necessary academic adjustments and accommodations to teaching, research, working, or, where possible, living arrangements;
2. the option to have a support person attend meetings or interviews;
3. internal and external support services, including accredited specialists and prioritising urgent access to translation or interpreter services;
4. information about the Student and/or Employee Codes of Conduct and the University’s Gender-based Violence Prevention Policy;
5. detailed information about each step of the process by which the report is being managed;
6. ongoing risk assessments to manage and monitor any identified risks; and
7. the opportunity to discuss the investigation and disciplinary processes which may occur, and the range of resolutions and sanctions available if an allegation of gender-based violence is substantiated.

(82) The University reserves the right to implement any measures necessary to ensure the safety of the victim-survivor that may adversely impact the respondent.

(83) If the victim survivor and the respondent are both seeking to access CDU counselling services, separate counsellors will be provided. Where this is not possible the respondent will be provided with referrals to external services.

Privacy

(84) If an involved party provides ‘personal information’ or ‘health information’ in the course of making, responding to, or otherwise participating in, the handling of a disclosure or report of gender-based violence, CDU will comply with the Privacy and Confidentiality Policy with regards to the use, processing, and management of that information.

(85) To protect the rights and privacy of all persons involved, all employees, students and associates must handle information related to disclosures and reports sensitively, and with respect to the people who may be identified from the information.

(86) Limitations to privacy may apply in circumstances where CDU takes direct action relating to gender-based violence in response to a serious or imminent risk to safety, or where required by law.

(87) As outlined in the Gender-based Violence Prevention Policy, data relating to disclosures and reports of sexual harm is collected and reported on in a de-identified manner for the purposes of understanding the nature and prevalence of gender-based violence in the CDU community, responding to risk, identifying trends, and measuring the impact of prevention and response activity.

Section 5 - Non-Compliance

(88) 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 2025 and the Code of Conduct - Students.

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

(90) All staff members 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.