6 September 2023
Elia Gibbons
By email: [FYI request #23752 email]
Tēnā koe Elia
Official information request for sexual violence statistics
I refer to your request for information under the Official Information Act 1982 (the Act)
dated 9 August 2023:
“1. Reported Acts of Sexual Violence: We are hoping to understand the number of
reported acts of sexual violence that have been brought to the university's
attention within the last five years and the number of these that occurred in
university premises (including halls of residence) and the number that occurred
outside of university premises.
2. University Definition of Sexual Violence: We would also appreciate
clarification on whether the university has an established definition for
operationalizing sexual violence. If so, could this definition please be provided.
3. University Responses to Sexual Violence: In addition, we seek information on
the existing responses that the university has implemented to address and
combat sexual violence.”
Sexual Harassment Response Policy and Procedure
Te Herenga Waka - Victoria University of Wellington (the University) introduced its
Sexual Harassment Response Policy in 2020. This policy defines sexual harassment as:
a. The making of a request of any other person for sexual intercourse, sexual
contact, or other form of sexual activity which contains an implied or overt
promise of preferential treatment or an implied or overt threat of detrimental
treatment; or
b. by the use of language (whether written or spoken) of a sexual nature, or of
visual material of a sexual nature, or by physical behaviour of a sexual nature,
to subject any other person to behaviour that –
i.
is unwelcome or offensive to that person (whether or not that is conveyed
to the person complained about); and
ii.
is either repeated, or of such a significant nature, that it has a detrimental
effect on that person.
Note: This definition of sexual harassment aligns with section 62 of the Human Rights Act
1993.
Under t
he Sexual Harassment Response Policy, the University does not define sexual
violence or differentiate between sexual assault or sexual harassment when receiving
reports of sexually harmful behaviour.
T
he University’s Sexual Harassment Response Procedure sets out the procedures that
apply to disclosures and/or complaints of sexual harassment. Under the Policy and
Procedure, students and staff members may make a complaint or may choose to make a
disclosure (rather than a complaint) about sexually harmful behaviour (including
harassment or assault), if they do not want the University take any specific action in
response to the incident. The University treats disclosures confidentially and will not
investigate or consider taking formal action in relation to a disclosure, except in limited
circumstances (as outlined in the policy), including if there appears to be a serious or
imminent threat to the Complainant’s life or health or that of another individual. The
University expected that the greater flexibility of reporting options and pathways
available under this policy would result in individuals feeling more confident about
coming forward and therefore see an increase in the number of reports of sexual
harassment.
The intention of the Sexual Harassment Response Policy is to help give effect to the
University’s values and promote an environment in which sexual harassment is
unacceptable and where individuals and groups have the confidence to complain about
such behaviour, in the knowledge that their concerns will be taken seriously and dealt
with appropriately and fairly.
Further information about the University’s response to sexually harmful behaviour can be
found here:
https://www.wgtn.ac.nz/students/support/student-interest-and-conflict-
resolution/sexually-harmful-behaviour.
The information provided below only refers to formal complaints made under the policy.
The University does not keep a centralised record of reports that may be made informally
from time to time about staff or student conduct (which could potentially include
allegations of sexual assault), and which may be resolved, in accordance with the
complainants’ wishes, without the need for a formal investigation or process.
Formal complaints received under the Sexual Harassment Response Policy
Year
Total reports received
2018
7
2019
3*
2020
15*+
2021
8
2022
18*
2023
3
+ includes historic al egations.
* includes multiple complaints regarding a particular incident or person.
Actions taken
Where a complaint is made under the Policy about alleged conduct of a student, the
University’s Student Interest and Conflict Resolution (SI&CR) team will be able to assist
in discussing different options for the resolution of that complaint, and will provide
support throughout. There are options for alternative resolution which are set out in the
Student Conduct Statute and the
General Misconduct Procedure. These include the ability
to respond with a specialised sexual harassment response that is individually designed to
reflect the specific circumstances. Where a formal process is necessary to address the
Complaint, the Student Conduct Statute and the General Misconduct Procedure will be
followed.
Complaints raising allegations regarding staff members are brought to the attention of
the University’s Human Resources (HR) department. The University will take the steps
set out in the
Guidelines for Resolving Alleged Misconduct. This could potentially include
steps under a formal process, an informal/alternative resolution process, or a Tikanga
process.
In some instances involving allegations made about a staff member, a person who is the
subject of a complaint may resign or conclude a contract before the investigation is
completed. In these situations, the University may be limited in its ability to take further
action.
Information relating to specific actions taken to respond to allegations of sexual harm
cannot be made available without substantial collation or research. Therefore this aspect
of your request is refused in accordance with s18(f) of the Act. However we can advise
that no students have been dismissed or expelled from the University due to sexual
misconduct complaints in the last five years.
You have the right to seek an investigation and review by the Ombudsman of the
decisions made regarding this request. Information about how to make a complaint is
available
at www.ombudsman.parliament.nz or freephone 0800 802 602.
If you wish to discuss this decision with us, please feel free to contact me at
[VUW request email].
Ngā mihi nui
Blair Doherty
Senior Advisor, Official Information and Privacy
Legal Services
Te Herenga Waka—Victoria University of Wellington
