John XXIII: ANU college says it had no duty to ‘competently investigate’ rape complaint, as it appeals damning court verdict

A prestigious “frat house”-style college at the Australian National University says it had no duty to “competently investigate” a complaint that one of its students was raped in an alleyway.

John XXIII College at the Australian National University in Canberra (file photo)

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A notorious “frat house” residential college at the Australian National University says it had no duty to competently investigate an allegation that one of its residents was raped following an unofficial pub crawl.

John XXIII College, which has a longstanding reputation for heavy drinking, hazing and admitting residents mostly from elite Sydney private schools, was in August ordered to pay the former resident more than $420,000 in damages.

The woman was raped by another student in an alleyway near Mooseheads nightclub following a “pub golf” drinking event, where students were required to meet a minimum “par” of drinks at “holes”, or pubs, around Canberra.

First year women were made to get on their knees while they had goon poured into their mouths in a shameful hazing ritual at the ANU’s John XXIII College, a court has heard.

In a scathing judgment, Justice Michael Elkaim found “the risk of sexual assault upon an intoxicated young woman was foreseeable and, having regard to the well-known behaviour of intoxicated students, the risk was not insignificant”.

Justice Elkaim found the college’s internal rules, detailed in the residents’ handbook, required it to investigate reports of student misconduct.

But in appeal documents filed last week, the college says Justice Elkaim was wrong to find it “owed a duty to investigate (the woman’s) complaint competently, and in doing so, treat (the woman) in a manner consistent with its obligation to provide pastoral care”.

Canberra’s Mooseheads nightclub.

That ground of appeal is one of 13 the college will argue, as it faces the prospect of paying an estimated seven-figure legal bill — on top of the $420,000 compensation payout — if the appeal fails.

The college will also argue Justice Elkaim was wrong to conclude it “knew and/or condoned the pub golf event”.

Justice Elkaim found: “The picture painted … of alcoholic consumption and misbehaviour within John’s was so vivid that the college management must have been aware of it.”

Justice Elkaim also said drunken behaviour was “condoned by the college.”

The college will also argue Justice Elkaim was wrong to conclude the college head, Geoff Johnston, who has since “ceased his duties as head of college”, adopted a stance designed to protect the college’s reputation at the expense of the woman’s welfare.

The student responsible for the rape, who was never criminally charged, admitted to having sex with the woman in the alleyway when she was too drunk to consent, and said “I feel bad though, hey” before later withdrawing his admissions.

Dates for the appeal hearing are yet to be set.