University of Adelaide Professor Joshua Ross admits sex with ‘drunk’ colleague Dr Giang Thu Nguyen – but denies it was assault

A university academic whose modelling has shaped SA’s Covid response allegedly sexually assaulted a colleague who was too drunk to consent, a tribunal will hear on Wednesday.

A professor who charts South Australia’s response to Covid-19 has been accused in a tribunal of sexually assaulting a fellow academic in a seaside hotel room during a maths conference.

Professor Joshua Ross has told the Civil and Administrative Tribunal sex with fellow University of Adelaide academic Dr Giang Thu Nguyen was consensual.

Dr Nguyen has asserted she “was not able to consent, and did not consent” because she was under the influence of alcohol when Prof Ross performed sex acts on her at Glenelg in November 2019.

She further asserts the university’s handling of the incident was inadequate, amounting to a breach of the Equal Opportunity Act.

Prof Ross has denied any wrongdoing, asserting Dr Nguyen “initiated” contact by kissing him and was at all times a “willing consensual partner … cognisant and capable of consent”.

The university, meanwhile, asserts there was “insufficient evidence available” to make “a positive finding” of sexual assault or misconduct by Prof Ross.

Documents filed with the tribunal assert the case arises from the Australian Research Council Centre of Excellence for Mathematical and Statistical Frontiers three-day retreat.

It was attended by Dr Nguyen, who is a senior lecturer in applied mathematics at the university’s School of Mathematical Sciences.

She is also the Faculty of Engineering, Computer and Mathematical Science’s director of gender, diversity and inclusion.

Prof Ross, who works in the same department, also attended the retreat at the Stamford Grand Hotel.

He is lead modeller for SA Health’s Covid-ready modelling, which supports decisions made on issues such as vaccination and border closures.

Dr Giang Thu Nguyen alleges she was sexually assaulted by Professor Joshua Ross.

Professor Joshua Ross has denied the allegations, saying his sexual encounter with Dr Nguyen was fully consensual.

In court documents, Dr Nguyen says she “consumed alcohol” and “became significantly intoxicated” during post-conference socialising.

“Between the hours of 1.45am to around 5am, Prof Ross engaged in sexual intercourse with Dr Nguyen in his hotel room,” her papers assert.

“Due to the level of Dr Nguyen’s intoxication, she was not able to consent and did not consent to the acts of sexual intercourse.

“At around 5am, she woke up naked on the couch of Prof Ross’s room, saw that he was asleep in the bed, threw up on the couch, crawled to the bathroom, partially dressed, then walked back to her own room.”

Dr Nguyen asserts she reported the incident to Yarrow Place, which provides support to assault victims, and underwent a forensic medical examination before making a report to SA Police. She asserts that, after reporting the incident to senior colleagues, she suffered an “acute psychological episode”, is now unable to work and requires treatment for ongoing post-traumatic stress.

The actions of Prof Ross, she asserts, amount to “offence, humiliation and intimidation” due to her level of intoxication and position as his subordinate. The university, she asserts, failed to establish adequate policies for the prevention and reporting of sexual assault, did not adequately investigate her complaint and did not take a statement from her.

It has not, she asserts, provided a safe workplace to which she can return.

“The university has harboured a system, culture or practice of not investigating complaints of sexual harassment with requisite seriousness,” she asserts.

Professor Ross plays a lead role in South Australia’s Covid modelling.

In his papers, Prof Ross says Dr Nguyen had sought out additional places to drink after learning the hotel’s bar had closed.

He asserts that, while at that venue, he and Dr Nguyen “sat very closely next to each other on a sofa”, and she “initiated a kiss on the lips” as they returned to the Stamford Grand.

“At all material times, Dr Nguyen was cognisant and capable of consenting to sexual activity … (she) was a willing consensual partner in sexual relations,” he asserts.

Prof Ross asserts he made a statement to SA Police voluntarily and, in March 2020, learned detectives “did not intend to charge” him “with any offences”.

Twelve days later, he asserts, the university said it “was satisfied” there had “been no serious misconduct” on his behalf.

Dr Nguyen with former state governor Hieu Van Le at the 2019 Tall Poppy Awards.

In its papers, the university asserts Prof Ross is not Dr Nguyen’s supervisor or superior. It says it has sought to accommodate Dr Nguyen’s needs through measures including a roster so she and Prof Ross “are not on campus at the same time”.

The university stands by the outcome of its investigation, saying there is “an insufficient basis” on which to “make a positive finding” that a sexual assault occurred.

It further asserts that if Dr Nguyen was assaulted, it cannot be held responsible because the incident occurred away from the workplace and “well outside ordinary work hours”.

A five-day hearing over the matter commences on Wednesday.

Originally published as University of Adelaide Professor Joshua Ross admits sex with ‘drunk’ colleague Dr Giang Thu Nguyen – but denies it was assault