Prof Joshua Ross denies sexual harassment, says uni colleague initiated ‘every single sexual activity’

An Adelaide Uni academic accused of having sex with a colleague who was too drunk to consent says she started the encounter and he “just went along with it”.

A top academic and Covid modeller has denied having non-consensual sex with a university colleague, telling a tribunal she “initiated every single sexual activity” and he “just went along with it”.

University of Adelaide Professor Joshua Ross also claims he ended his encounter with Dr Giang Thu Nguyen – who is seeking $1m compensation for sexual harassment – by “withdrawing consent” because he was “cheating on my wife”.

On Thursday, Prof Ross told the SA Civil and Administrative Tribunal he and Dr Nguyen had once been “very close colleagues” enjoying a “friendly and professional” relationship.

That changed, he said, at a 2019 three-day mathematics retreat when, after several hours of drinking, she “pulled me into the bed with her” in his Glenelg hotel room.

Prof Ross said he did not know Dr Nguyen had an “intimate” interest in him but now believed, after “looking back retrospectively”, there were prior indications and “fun flirtations”.

“There were things where I thought ‘this might be where we’re headed’ but I didn’t want to presume … she initiated every single sexual activity that occurred between us (that night),” he said.

“I consented as well, up to the point where I withdrew consent when I realised this was something I shouldn’t do, cheating on my wife, and I actually stopped.”

Asked by Dr Nguyen’s counsel if he was claiming he “just went along with it”, Prof Ross replied: “Yes.”

Professor Joshua Ross outside the South Australian Civil and Administrative Tribunal. Picture: Matt Loxton

Dr Nguyen is seeking $1m compensation, asserting she was sexually harassed by Prof Ross at a three-day maths retreat in November 2019 and the university failed to properly investigate.

She asserts she was too drunk to consent when she and Prof Ross had sex and retains only “flashes of memory” of the incident, which she struggled to understand.

In his court papers, Prof Ross – whom SA Police declined to charge – asserted Dr Nguyen “initiated” contact by kissing him and was a “willing and consensual partner”.

The university has stood by its investigation.

Dr Giang Thu Nguyen. Picture Dean Martin

Professor Ross says the sex was consensual. Picture: Matt Loxton

Giving evidence on Thursday, Prof Ross denied Dr Nguyen was his subordinate and that he was responsible for her performance reviews.

He said he played only a “paperwork role” in staff development and that, on one occasion, Dr Nguyen had requested he conduct her review.

“That didn’t happen as a result of her making these false allegations that bring us here today,” he said.

Prof Ross conceded he had drunk to excess at a conference in 2013, and at a friend’s birthday party, but said his “embarrassing” behaviour was limited to “dancing a bit silly” and “tripping over in the dark”.

Asked if the university’s professors were expected to be role models for its staff and students, he said he did not believe “that’s a requirement of the role”.

Asked if he had sought to be a role model, he replied: “I tried to be … I don’t think it was a requirement, but I tried to.”

Prof Ross said the “flirtations” between Dr Nguyen and himself were “inappropriate from the perspective of my wife and being married” but not in terms of his employment.

“I believe two staff members at the university who don’t have any supervisory roles over each other are entitled to undertake a relationship,” he said.

Prof Ross said that Dr Nguyen had not appeared excessively intoxicated to him on the night of the incident.

“All the signs you would usually look for in a person to say ‘stop drinking’ weren’t there, she was fine,” he said.

“Nothing indicated she had had too much to drink.”

The hearing continues.