UNSWOC Sexual Misconduct Plan

This document applies to allegations of sexual misconduct within the Club, but many of the guidelines are applicable to any form of misconduct (e.g. bullying, harassment, rope safety behaviour) between members of the Club.

Future Exec members should note that UNSW's Sexual Misconduct Prevention and Response Policy is, at the time of writing, scheduled for review in July 2024. It is important that UNSWOC's Plans & Policies are reviewed in line with University policy.

1. OVERVIEW

This guide includes:

  1. Important resources and priorities for being a first responder.
  2. Options for supporting the parties involved and the Exec.
  3. Options, obligations and recommendations for reporting.
  4. The Club’s constitutional options to take action if members of the Club do not feel safe.
  5. Key points to keep in mind throughout the process.

It is important to remember that these situations are stressful for everyone involved. Be kind to yourself and each other.

2. PLAN

Firstly, it’s important to note that the Club does not need to reinvent the wheel when it comes to sensitively handling allegations of sexual misconduct, as Arc and UNSW both have well thought-out policies and specially trained staff for these situations. If the Exec has any uncertainties relating to this policy or situations it may apply to, we recommend reaching out to The Head of Arc Sport for advice.

When anyone on Exec first becomes aware of an alleged incident of sexual misconduct, they should follow ARC’s Sexual Assault & Harassment Action Plan, which details step-by-step how to act as a first responder. Of particular importance is that often in cases of sexual misconduct, the complainant ’s sense of personal control has been taken away from them. Therefore, throughout the rest of this process, all decisions should be driven by the complainant’s wishes, and their sense of personal control should always be supported and encouraged. The complainant is not obliged to report an allegation to UNSWOC Executive members before reporting to Arc or UNSW. If the complainant chooses to report to Exec, they may report to any member of Exec with whom they feel comfortable. 

As part of Step 4 within the Action Plan, the Exec member(s) should encourage the complainant to consider referring the matter to Police and/or Arc/UNSW, as well as other support services listed in Arc’s Action Plan. It should be noted that there is no time limit upon the complainant's ability to report sexual misconduct to UNSW/Arc. Sexual misconduct can be reported no matter how much time has passed since the alleged incident. Even if the alleged incident did not occur at a Club event, the scope of Arc and UNSW’s reporting systems are broad, and there is always value in making a report even if it is unclear whether the incident falls within the jurisdiction of Arc or UNSW. Where sexual misconduct is disclosed or reported as occurring outside of UNSW/Arc’s jurisdiction, the matter will not be investigated by UNSW as a potential student or staff misconduct issue but support services and referrals will be offered as appropriate.

If the complainant wishes the Club to take action against the accused, it is strongly preferred that the matter is referred up to Arc or UNSW, as they have more training and experience in managing these situations well. If the allegation is managed completely within the Club, there is the risk of perceived conflicts of interest, bias, or an Exec member/team taking on stress or making decisions without appropriate training.

3. WHEN TO REPORT

As part of Step 5 within the Action Plan, the Exec must submit a written incident report to Arc Clubs if the incident occurred at a Club event, on UNSW accommodation or facilities, via UNSW ICT resources or by a UNSW staff member  using the Arc Club Incident Report Form [1]. The identity of the complainant and other details about the incident may be kept confidential when reporting to Arc, but the complainant must be made aware that the Exec has an obligation to report. 

Once a report is submitted to Arc or UNSW, the Club should follow any and all advice from Arc/UNSW from this point onwards regarding any action to take.

Exec members are not obligated to report an incident of misconduct in situations which fall outside of the scope of UNSW’s Sexual Misconduct Prevention and Response Policy. Situations considered to be ‘outside of’ the aforementioned policy include incidents of sexual misconduct which occur:

  • Outside of UNSW campuses or other facilities, including University owned, operated or Affiliated Accommodation
  • Outside of premises in which research, study or work integrated learning is undertaken as part of a UNSW activity
  • Outside of virtual spaces arranged or facilitated by UNSW, or whilst using UNSW information and communication technology (ICT) resources
  • Outside of events at which UNSW staff, students or affiliates are representing UNSW (e.g. at sporting events, cultural activities, competitions, conferences, UNSW student clubs or whilst on exchange) 
  • Not occurring between a UNSW staff member or affiliate and a UNSW student 
    • Note: a student who is employed as a tutor by the university is classed as an employee in this context.

A clear example of this type of situation would be a private event attended by UNSWOC members (e.g., a party or outdoor trip organised separately to UNSWOC) at which sexual misconduct occurs between club members. In circumstances such as this, alleged incidents of sexual misconduct do not have to be reported to UNSW/Arc.

Nevertheless, even when misconduct occurs outside of the scope of UNSW’s policy, Exec members should consider reporting the incident, with the complainant’s permission, to be ‘best practice’. Importantly, the complainant should be made aware that support services are available via UNSW, and a report can still be made if the complainant wishes to do so.

4. SUSPENDING & REMOVING CLUB MEMBERS

In situations where the matter is not referred to Arc or UNSW (e.g. the complainant doesn’t wish to make a report and, or the incident occurred between non-UNSW members at a non-Club event), the Exec does still have some powers to suspend or remove members under the Club Constitution. See [1] regarding Arc rules which supersede this discretion in regarding both reporting and constitutional powers.

Clause 7.2 details the process to remove a member who is deemed by the Exec to have breached any clause in the Constitution. Under Section 8, this includes members who have allegedly “Acted in a manner unbecoming of a Member, or unsafe practice as dictated by the Executive”. The decision to remove a member must be made by the current UNSWOC Exec. If the exec decides to remove a member, they must inform that member in writing. Clause 7.6 states that a member who believes their membership has been wrongly discontinued by the Club may appeal to Arc, who will arrive at the final resolution of the matter.

In making this decision, the Exec should:

  1. Be familiar with the relevant clauses of the Club’s constitution.
  2. Consider the wishes of the complainant.
  3. Consider that the Exec has a responsibility to protect the safety of all Club members, and whether the accused may pose a credible risk to the safety of the complainant or other Club members.
  4. Make it clear that the Club views this type of behaviour as unacceptable, and deter other Club members from engaging in similar behaviour.

If the alleged incident did not occur at a Club event (e.g. at a house party involving Club members), it is not the Club’s responsibility to enforce punishment for that incident. However, protecting the wishes and safety of the complainant and the safety of Club members are sufficient reasons to suspend or remove the accused member, and the Exec should make this decision based on the considerations above.

If the complainant has taken the allegation to the Police, there is not a requirement to wait until an investigation or court case has concluded before the Club acts to remove a member, unless the complainant wishes to wait. This is primarily because the criminal system has a much higher burden of proof than the UNSWOC Constitution, which only requires that a credible allegation has been made.

5. Important points to keep in mind throughout this process:

  • The decisions made surrounding gendered misconduct, or any misconduct should be led by the complainant, with decisions made to support them whilst that member retains ultimate say over the reporting or action that is taken. This is reflected in the Club's primary role as supporting and referring.
  • Refer to Arc or UNSW for advice if unsure about any part of this process, they have much more experience and training in this field than we do.
  • The process should be as transparent as possible to all those affected. Open communication reduces stress and gives those involved more confidence that due process is being followed. For any major decisions made by the Club, those involved should be informed in writing. 
  • It is a good idea to give both the complainant and the accused a representative or liaison as their main contact within the Exec, who is responsible for communicating their wishes if they are not able to speak in person, and for facilitating open communication between all parties.
  • The Club should avoid taking any informal action (e.g. ‘Blacklisting’ members from trips without giving written notice), as this undermines the formal processes, is less transparent and leaves the Exec unaccountable for their decisions.

Written by the UNSWOC Exec of 2020-22