Sexual Misconduct Policy

1. Purpose

CIT is committed to maintaining a safe environment for employees and students, where they can work and study free from sexual harassment, sexual assault and other forms of sexual misconduct.

CIT also recognises its positive duty under the Sex Discrimination Act 1984 (Cth) to take reasonable and proportionate measures to eliminate, as far as possible, sexual harassment, sex-based harassment, discrimination, and victimisation.

This policy also commits CIT to uphold a high standard for prevention, support and reporting of sexual misconduct.

2. Scope

This policy applies to all CIT employees, students, and members of the public at CIT premises, and applies to circumstances including, but not limited to the following:

Interactions between employees.
Interactions between students.
Interactions between employees or students and third parties (including visitors, or members of the public) where that interaction occurs in connection with CIT’s operations.
On-campus or off-campus activity (including work or study related social functions, conferences or excursions).
Out of hours interactions where there is a connection to CIT’s operations.
All aspects of employment, recruitment and selection, conditions and benefits, training and promotion, task allocation, shifts, hours, leave arrangements, workload, equipment and transport.
In online spaces, including email, Microsoft Teams and social media platforms where the conduct is in connection with CIT (e.g. remote work) or involving online communication between employees, students or third parties.

For the purposes of this policy, sexual misconduct refers to any unwelcome behaviour of a sexual nature including sexual assault, sexual harassment, sex based harassment, an act of indecency, making or distributing sexually explicit photos or videos without consent, and any other non-consensual sexual conduct if a reasonable person would consider that conduct to be an invasion of their privacy, indecent or otherwise unacceptable conduct.

3. Principles

CIT’s commitment

3.1 Sexual assault and sexual harassment are unlawful, and all forms of sexual misconduct breach ACTPS Values and Code of Conduct.

3.2 Sex-based harassment and conduct creating a hostile workplace environment on the ground of sex are also unlawful under the Sex Discrimination Act 1984 (Cth).

3.3 CIT accepts its legal obligation to eliminate sexual harassment as far as possible, and it is expected that leaders at all levels within CIT will uphold this policy in full and proactively ensure others do also.

3.4 Diverse and inclusive workplaces are essential for building safe and respectful environments that are free from sexual harassment and harm. CIT is therefore committed to addressing gender inequality as fundamental to eliminating workplace sexual harassment, misconduct and harm.

3.5 CIT does not tolerate sexual misconduct, and all CIT employees and students should conduct themselves appropriately both in-person and online.

3.6 Where instances of sexual misconduct are observed, disclosed, or formally reported, the safety and wellbeing of the person effected by the incident is CIT’s priority.

Prevention

3.7 The Sex Discrimination Act 1984 (Cth) prohibits sexual harassment in a workplace. It also imposes a positive duty on CIT to take reasonable and proportionate measures to eliminate, as far as possible, sexual harassment, sex-based harassment, discrimination, and victimisation. Sexual harassment is also covered by WHS laws as it is a workplace hazard which is known to cause psychological and physical harm.

3.8 WHS laws require CIT to take care of the health and safety of employees, students, and other people like visitors to campus. CIT must treat the risk of sexual harassment just as they would any other workplace hazard, meaning they must eliminate or minimise the risk of sexual harassment as much as they reasonably can.

3.9 Prevention requires identification of risks. Leaders and managers should regularly identify and assess risk factors, including by seeking feedback from staff and in consultation with Health and Safety Representatives and/or unions. Workers should understand and consider work systems and practices to identify risks of exposure. Examples of risk factors include:

3.9.1 Working or studying after hours.
3.9.2 Working or studying in restrictive or isolated spaces like small rooms.
3.9.3 Insufficient pre-screening at recruitment.
3.9.4 Incorrect assessment of roles requiring WWVP checks.
3.9.5 Overnight or extended excursions.
3.9.6 Industry placements.

3.10 Prevention also requires assessment of the work or study environment. Sexual misconduct may occur where a work or study environment is sexually charged or hostile, even if the conduct is not directed at a particular person. Factors that point to a sexually hostile environment include the display of obscene or pornographic materials, general sexual banter, crude conversation or innuendo, and offensive jokes. It should be noted that even if such conduct does not amount to sexual harassment, it may be unlawful because it subjects another person to an environment that is hostile on the ground of sex and may breach CIT’s positive duty to prevent such unlawful conduct.

3.11 CIT is committed to transparency on the number of incidences of sexual misconduct in the organisation.

Support arrangements

3.12 All reports of sexual misconduct received by CIT will be strictly managed according to the CIT Privacy Policy. This means that all personal information collected by CIT is used only for the purpose that it is collected and will only be shared on a need-to-know basis. However, in case of sexual assault CIT must report to Child and Youth Protection Services where the victim is under 18 years of age.

3.13 CIT will support students, staff and visitors who report sexual misconduct by facilitating access to counselling or other services as appropriate.

3.14 CIT will seek to provide interim academic arrangements for students where possible if these are needed to support the student's right to continue study and to provide procedural fairness to the other involved party until proceedings have been resolved.

3.15 Students can email citsafercommunity@cit.edu.au, call CIT Counselling on (02) 6207 3290 or visit a CIT Student Support Office to receive assistance and support if they have been affected by instances of sexual misconduct.

3.16 CIT employees may access the Employee Assistance Program (EAP) for support.

3.17 External support services available to everyone include:

3.17.1 Australian Human Rights Commission - www.humanrights.gov.au, 1300 656 419 or (02) 9284 9888
3.17.2 1800 Respect - www.1800respect.org.au
3.17.3 ReachOut - https://au.reachout.com
3.17.4 Beyond Blue - www.beyondblue.org.au, 1300 224 636
3.17.5 Lifeline - www.lifeline.org.au, 13 11 14
3.17.6 Sexual assault support services - https://humanrights.gov.au/our-work/sex-discrimination/list-support-services

Reporting instances of sexual misconduct

3.18 CIT strongly encourages individuals who have been affected by or have witnessed sexual misconduct to report the behaviour.

3.19 CIT will take all reports of sexual misconduct seriously. The response to the report will be guided by the person making the report.

3.20 While CIT will seek to maintain confidentiality, information may be disclosed where required by law or where necessary to manage risks to health and safety, or to meet mandatory reporting obligations.

3.21 Individuals may wish to raise the issue directly with the other person(s) involved if they feel safe and comfortable to do so. However, there is no expectation or requirement for this.

3.22 CIT strongly encourages and supports bystanders to call out and report inappropriate behaviour where it is safe for them to do so. Bystanders who witness sexual misconduct are encouraged to:

3.22.1 Provide support to the person who is being subjected to sexual misconduct.
3.22.2 Formally or informally challenge concerning behaviour (if it is safe and they feel confident enough to do so).
3.22.3 Report the matter.

3.23 All incidences of sexual misconduct may be reported via the Complaints Form; however, CIT will appropriately manage all incidents regardless of how they are brought to CIT’s attention.

3.24 Incidents involving students can also be reported in person to CIT Counselling or by email to citsafercommunity@cit.edu.au. All reports will be referred to the Executive Branch Manager, Audit Risk and Corporate Governance and managed as a level 2 complaint consistent with the Student and Community Members Complaints Policy and assigned a complaint manager.

3.25 Incidents involving staff must be referred to People and Culture via PeopleandCulture@cit.edu.au and managed in line with the Resolving Staff Workplace Issues Policy.

3.26 If the reported incident alleges sexual misconduct by a CIT student, the matter will be managed under the Student Conduct Policy.

3.27 In cases of sexual assault, individuals will be supported to make a report to the police and referred to specialised sexual assault support services.

3.28 An individual making a report can request that the issue not be pursued at any time during the process. However, depending on the nature of the case, CIT may be required to continue with its inquiries in a discreet manner to fulfil CIT's duty of care to students, staff and visitors.

3.29 The complainant and respondent are entitled to fair, respectful and timely resolution of the reported matters in accordance with the principles of natural justice and procedural fairness. The student's enrolment or academic progress will not be jeopardised by a student choosing to report the incident.

3.30 CIT acknowledges the rights of an individual making a report to be informed of the processes for managing the report and the outcomes. Employees will be kept informed in line with the Resolving Staff Workplace Issues Procedure (PDF, 274.2 KB), and students will be kept informed in line with the Student and Community Members Complaints Procedures (PDF, 246.62 KB).

3.31 If a person making a report is not satisfied with the process, an internal review can be requested through the Office of the Chief Executive.

Continuous improvement

3.32 An annual CIT sexual misconduct report will be provided to the CIT Executive Management Committee (EMC) (as part of the CIT WHS report) and will be used to track and monitor continuous improvement.

Training and development

3.33 CIT will provide to all leaders, managers and supervisors training to appropriately respond to disclosures of sexual misconduct, ensure all workers are trained to appropriately identify sexual misconduct, call out behaviour as active bystanders, and are aware of the reporting and response procedures.

3.34 Training will be provided on a regular and ongoing basis, with frequency determined based on risk, role, and legislative requirements.

3.35 Training will be developed, coordinated and delivered through the CIT People and Culture Workforce Capability team.

Roles and responsibilities

CIT is responsible for implementing systemic, proactive measures to prevent sexual misconduct, including risk assessment, monitoring, training, and continuous improvement, in line with its legal obligations under WHS legislation and the Sex Discrimination Act 1984 (Cth).

Employees

All employees and other workers must:

Comply with this policy.
Demonstrate high levels of personal conduct consistent with this policy and their responsibilities under the ACTPS Code of Conduct. This means they must treat others with courtesy and sensitivity to their rights and aspirations and not engage in sexual misconduct or condone sexual misconduct by others.
Seek assistance when unsure about how to implement this policy.
Be encouraged to report suspected breaches of the policy in accordance with the reporting mechanisms within CIT and the ACTPS.

Supervisors/Managers/Leaders

In addition to their responsibilities as employees, those with management and leadership responsibilities must also:

Promote a work culture where sexual misconduct is unacceptable.
Communicate and promote this policy to those they work with.
Challenge inappropriate behaviour.
Encourage an environment where everyone feels safe to report sexual misconduct.
Prioritise the care and support of those impacted when responding to issues raised with them or observed.
Treat all reports of sexual misconduct seriously and confidentially and take prompt action to address them (considering the wishes of the person subjected to the conduct).

4. Documentation

Legislation

Policies and Guidelines

5. Definitions

Sexual assault

Sexual assault is unacceptable physical behaviours where a person is forced or tricked into sexual acts against their will or without their consent, which is a criminal offence. It may be known as rape, sexual assault, sexual abuse or indecent assault.

Sexual harassment

Sexual harassment is any unwanted or unwelcome sexual behaviour, which makes a person reasonably feel offended, humiliated, or intimidated. Examples of conduct include:

Unwelcome hugging, touching, kissing or other inappropriate physical contact.
Inappropriate staring or leering.
Sexually explicit or indecent physical contact.
Sexual gestures, indecent exposure, or pictures.
Sexually suggestive comments that make you feel offended.
Repeated or inappropriate invitations to go out on dates.
Intrusive questions about your personal life or physical appearance which make you feel offended; and/or
Request for sexual favours.
Sexual advances, requests for or pressure to have sex.

Sexual or romantic interactions entered freely and reciprocated between consenting adults is not sexual harassment. This may include flirtation, attraction or friendship which is invited, mutual, consensual or reciprocated.

Consent

Consent is the voluntary agreement to engage in a sexual act/s, and the continued agreement to engage in the act/s. Consent must be actively communicated and cannot be assumed. Voluntary agreement to engage or to continue to engage must be communicated through words or conduct. Consent can be withdrawn at any point. Consent cannot be given if the person is under 16 years of age; is threatened with harm, extortion or humiliation; is under the effect of drugs or alcohol; is asleep or unconscious; is incapacitated mentally or physically; or is unlawfully detained.

Consent needs to be clearly given. It should not be assumed that a person consents to another person’s behaviour simply because they have not complained about it. Power imbalances and concerns about victimisation or reprisal may prevent the person from expressly objecting to the behaviour.

All terminology used in this policy is consistent with definitions in the CIT Definitions of Terms.

6. Policy Contact Officer

For more information about this policy, CIT staff can contact PeopleandCulture@cit.edu.au.

Contact CIT Student Services on (02) 6207 3188 or email infoline@cit.edu.au for further information.

POLICY INFORMATION

Policy No: CIT2019/1837
Approved: May 2026
Next Review: May 2029
Category: Student policies, Staff policies, Corporate policies
Policy Owner: Executive Branch Manager, People and Culture