Academic Dr Giang Thu Nguyen tells tribunal she only remembers parts of alleged drunken sexual assault

A tribunal has heard harrowing allegations of a drunken sexual assault from an academic seeking $1m compo from Adelaide Uni and a senior colleague.

An academic who was allegedly sexually assaulted by a senior University of Adelaide colleague has told a tribunal she has only “memory flashes” of the incident – and explained why she says she didn’t stop it.

The SA Civil and Administrative Tribunal has also been told Professor Joshua Ross suggested he and colleague Dr Giang Thu Nguyen keep drinking on the night he allegedly sexually assaulted her.

Asked to read Prof Ross’ account of what occurred in his hotel room, Dr Nguyen became visibly distressed and wept.

However she declined an adjournment, insisting the hearing continue.

“I don’t want to look at it (Prof Ross’ account) because it’s triggering to read what he wrote, but you can ask your questions,” she said.

Taken line-by-line through Prof Ross’ account of their sexual encounter, and his claim she initiated it, she said she “could not remember” anything beyond “flashes of memory”.

She said her first memory was realising Prof Ross was having sex with her, “that it was uncomfortable and I did not want it to go on”.

Dr Giang Thu Nguyen, right, arrives for day two in her civil case against Professor Joshua Ross and the University of Adelaide. Picture: Dean Martin

“I remember wanting it to stop, I don’t remember anything else.

“When I woke up on his couch, he was sleeping in the bed … I vomited, and I left shortly after that.”

Asked why she had not told Prof Ross to stop, Dr Nguyen replied: “I don’t recall talking to him when his penis was in my mouth, no.”

She said a later forensic examination had not located any semen – the tribunal has heard Prof Ross had a vasectomy prior to the events of the night.

Dr Nguyen is seeking $1 million compensation, asserting she was sexually harassed by Prof Ross and that the university failed to properly investigate the incident.

She asserts she was too drunk to consent when she and Prof Ross had sex at a maths retreat in November 2019, and was therefore sexually assaulted.

Prof Ross, whom SA Police declined to charge, has denied all wrongdoing and says Dr Nguyen was a “willing and consensual partner” at all times.

The university has stood by its investigation, saying there was not enough evidence to “make a positive finding” as to whether or not Dr Nguyen was sexually assaulted.

Professor Joshua Ross and his solicitor outside the tribunal. Picture: Matt Loxton

On Thursday, Stephen Apps, for Prof Ross, suggested Dr Nguyen had told his client, prior to sex, that she was “fond” of him and “wished she had met someone like him earlier”.

Dr Nguyen said that was incorrect.

“He’s a superstar, he’s really good at what he does academically, he’s someone you can talk to easily, he has helped me with my grant applications before, but I don’t find him attractive,” she said.

“I didn’t say I was fond of him, it doesn’t make sense that I would say that … I think highly of him, that’s what I would have said.”

Mr Apps suggested his client and Dr Nguyen had discussed her prior romantic history, and she had “become more serious, turned to face him front-on and made very direct eye contact”.

Dr Nguyen said she had actually left the conversation to go to the bathroom and write about it on her online blog.

“I can’t remember a time when Josh indicated that he was interested in me except when we were in front of the poker machines,” she said.

“He said ‘I’m not here for the pokies, I’m here for the company’.”

Mr Apps suggested Dr Nguyen had kissed Prof Ross after he said her prior boyfriend was “an odd choice” and she “could do much better”.

Dr Nguyen said she had no memory of that.

“I remember that there was a kiss, I remember Josh’s tongue in my mouth, I don’t remember anything else,” she said. “It’s just a flash of memory.”

Dr Giang Thu Nguyen outside the tribunal for day two of the hearing. Picture: Dean Martin

Professor Joshua Ross leaves the South Australian Civil and Administrative Tribunal on Wednesday. Picture: Matt Loxton

Dr Nguyen also told the tribunal academics “have to learn how to drink” to successfully network in the tertiary education and research sectors.

She said Prof Ross was worried the speech he was due to give, at the three-day maths retreat they were attending, “was s**t” and wanted “an excuse” for its quality.

She said she was “very certain” he suggested “one more drink”, not her, before they return to their rooms and that she agreed despite already feeling very intoxicated.

“I went because he asked me to, but I also thought that I was safe,” she said.

“I’ve learned being an academic means networking, and that you are going to have to learn how to drink around people.

“In a networking environment there’s alcohol, and you look like a really odd person if you are not drinking when everyone else is drinking.”

The hearing continues.