Sexual Assault and Sexual Harassment

Sexual assault, sexual harassment and other forms of sexual misconduct are NOT tolerated at Kaplan.

As a student of Kaplan, you have the right to feel safe and secure at all times and to be able to fully participate in all aspects of life on campus. We believe that unwanted sexual attention including harassment, stalking and assault can prevent a student from taking part in activities and involvement in the life of the School.

It does not matter if the incident was recent, or in the past, on-campus or off-campus, we are here to support our students when they report incidents of sexual assault or sexual harassment. There are internal (i.e. within Kaplan) and external options available. On this page, you will find some suggestions and resources to assist, as well as emergency contacts when and if you will find yourself in difficult situations.

WHAT IS SEXUAL ASSAULT AND SEXUAL HARASSMENT?

Sexual assault is any unwanted sexual behaviour that makes a person feel uncomfortable, threatened or scared. It covers:

· Rape: forced, unwanted sex or sexual acts.

· Child sexual abuse: using power over a child or young person to involve them in sexual activity.

· Indecent assault: indecent behaviour before, during or after an assault.

Sexual harassment is unwelcome sexual behaviour, which could be expected to make a person feel offended, humiliated or intimidated. Sexual harassment is not consensual sexual interaction, flirtation or friendship and is not behaviour that is mutually agreed upon. Sexual harassment can be physical, verbal or written and it can include:

• comments about a person’s private life or the way they look;
• sexually suggestive behaviour, such as leering or staring;
• physical contact of a sexual nature such as brushing up against someone, touching, fondling or hugging;
• sexually suggestive comments or jokes;
• displaying sexually offensive material;
• accessing pornographic websites on campus, at work or the Kaplan network;
• continued requests for dates that have been previously denied requests for sex;
• sexually explicit emails, text messages or posts on social networking sites,
• making or distributing sexually explicit photos or videos;
• unwelcome sexual advances;
• making or distributing sexually explicit photos or videos;
• acts of indecency; and
• sexual assault.

There is more guidance about what may amount to sexual harassment and sexual assault available on the Australian Human Rights Commission website here

CONSENT

Consent is having the capacity to give free agreement and giving clear and unambiguous agreement, expressed outwardly through mutually understandable words of actions, to engage in a particular activity. Consent can be withdrawn by any party at any point and must be voluntarily given and is not valid if a person is being subjected to actions or behaviours that elicit emotional, psychological, physical, reputational, financial pressure, threat, intimidation, or fear (coercion or force). Consent to engage in one sexual activity, or past agreement to engage in a particular sexual activity, cannot be presumed to constitute consent to engage in a different sexual activity or to repeat a sexual activity. Consent cannot be given by a person who does not have the capacity to give consent, including those who are intoxicated, unwell, distressed or otherwise disadvantaged. Circumstances in which a person does not consent to an act include, but are not limited to, the following:

The person submits to the act because of force or fear of force, whether to that person or someone else;

• The person submits to the act because of the fear of harm of any type, whether to that person or someone else or an animal;
• The person submits to the act because the person is unlawfully detained;
• The person is asleep or unconscious;
• The person is so affected by alcohol or another drug as to be incapable of consenting to the act;
• The person is incapable of understanding the sexual nature of the act;
• The person is mistaken about the sexual nature of the act;
• The person is mistaken about the identity of any other person involved in the act;
• The person does not say or do anything to indicate consent to the act;
• Having initially given consent to the act, the person later withdraws consent to the act taking place or continuing.

A person cannot consent if they lack the capacity to understand what is taking place because of a cognitive disability, or because they are under the age of 16 for all Australian states, except South Australia and Tasmania where the age limit for consent is 17 years of age. The age limit for giving consent in New Zealand is 16 years of age.

It is important to understand that a person might not consent to behaviour even though they were, or are, in a relationship with you.

You can watch a short explainer video created by “Blue Seat Studios”

There is more information about “consent” on the Australian Law Reform Commission” website

REPORT AND SUPPORT

REPORT

Whether the incident is recent or it happened in the past, on-campus or off-campus, we are here to support our students when they report incidents of sexual assault or sexual harassment. You can either contact us in person or via email (studentservices@kbs.edu.au) to report the incident.

You can also report an incident that has happened to someone else (e.g. where you witnessed the incident or you are reporting on behalf of a colleague or friend). If you report on behalf of another person, please do not provide any identifying information that can reveal who the person is (e.g. their name) unless you have their consent. If you have witnessed an incident and you don’t know the name of the persons involved so you can’t seek their consent, you may report the incident.

Kaplan’s aim is to offer information and support and to let you know what options are available, as well as reducing sexual misconduct incidents by learning from reports about areas and/or activities of high risk.

If the incident involves a Kaplan student or staff member and occurs on one of Kaplan campuses or student accommodation, online or during an activity organised by Kaplan (such as an excursion or a work placement/internship), Kaplan will consider an investigation under Kaplan relevant Codes of Conduct, policies and procedures. In serious cases, Kaplan has a duty to inform the Police about the incident.

To report a sexual assault or a sexual harassment incident, please follow the reporting process outlined in the Sexual Misconduct Prevention and Response Policy.

SUPPORT

On your first day at Kaplan, during Orientation sessions, students will be provided with information on the prevention of sexual assaults and sexual harassment and what to do if such incidents happen. For this purpose, Kaplan has developed the Prevention of Harassment and Bullying Policy to guide you through the process, should you experience any form of harassment or bullying at Kaplan.

Within the Kaplan community, you will find a diverse network of specially trained “First Responders” who are staff members who have been trained to assist students who have been the victim of sexual misconduct. The First Responders are not qualified to provide medical or counselling advice, but they can provide guidance about support services and appropriate contacts within Kaplan. A list of First Responders’ and their contact details are available on the Kaplan website here.

Student Counsellors are also available at all our campuses. They are here to listen to you, provide you with support and further references if required. Appointments with Student Counsellors can be organised with our Student Experience Team, who can also provide more information if required.

The Health and Safety Champion Group (HSCG) leads efforts to prevent and respond to sexual misconduct connected to Kaplan, including strategy development and implementation, review of policies, systems and processes. The HSCG meets regularly and is responsible for reporting on sexual misconduct incidents.

If you are interested to contribute to this group or to become a participating member, please send your expression of interest to studentservices@kbs.edu.au.

“SASH” POLICY

Under the guidance of the Health and Safety Champion Group (HSCG), Kaplan has also developed a sexual assault and sexual harassment only policy as part of its Wellbeing and Safety Framework, to ensure all aspects of sexual misconduct are addressed and followed up accordingly. The “Sexual Misconduct Prevention and Response Policy” sets out principles for preventing and responding to incidents of sexual misconduct occurring at or connected with Kaplan.

HOW IS PRIVACY MAINTAINED WHEN REPORTING AN INCIDENT?

The personal information about you and any other person mentioned in your report will be held, stored, used and disclosed by Kaplan solely for the following purposes and in the following ways:

• to keep a record of your report;
• to enable us to contact you to acknowledge your report and to provide information and possible referrals to support services;
• where appropriate, to enable us to commence a misconduct assessment and investigation under a Kaplan procedure in relation to a current Kaplan staff member or student;
• where appropriate and necessary, to report to the Police or to a State or Federal agency such as the Department of Family & Community Services;
• to enable us to understand and respond to the risk of sexual misconduct at Kaplan.

By “personal information” we mean information that names a person, or from which the identity of a person can be worked out.

Information collected from reports will also be used in internal reports to assist Kaplan to identify areas or activities of risk and take measures to reduce the incidence of sexual misconduct at Kaplan. This information does not identify individuals and does not include personal information.

Kaplan handles personal information in accordance with its Privacy Policy, which is available currently here.

RESOURCES

SASH RESOURCES

The resources listed below have been used in the development of this policy. It is recommended that staff and students familiarise themselves with these resources.

Australian Human Rights Commission, “Change the Course” – National Report on Sexual Assault and Sexual Harassment at Australian Universities 2017

University of NSW – On Safe Ground – Strengthening Australian university responses to sexual assault and harassment

Universities Australia – “Respect.Now.Always.”

Universities Australia – Guidelines for University responses to SASH

Universities Australia – Principles for Respectful Supervisory Relationships

Full-stop Foundation – Factsheets

Council of Australian Postgraduate Associations Incorporated (CAPA) 

Wide Support for CAPA’s Sexual Assault and Sexual Harassment Recommendations

CAPA Recommendations – Sexual Assault and Sexual Harassment Survey – Universities Australia / Australian Human Rights Commission

Media Release: CAPA calls on universities to take action on sexual assault

Sexual Assault at Universities: What has been achieved 3 months on.

Australian Law Reform Commission

Sexual Offences – Consent

EMERGENCY CONTACTS