We don’t judge sex cases, universities say

Universities Australia has strongly defended its members’ approach to dealing with cases of sexual assault on campus.

Universities Australia chief Catriona Jackson.

Universities Australia has strongly defended its members’ approach to dealing with cases of sexual assault on campus, saying university investigations do not determine culpability.

The group, which represents the 39 major universities, said the Institute of Public Affairs was incorrect in saying universities were “effectively adjudicating a criminal matter” using “a low threshold of guilt” when investigating cases of alleged sexual ­assaults.

“The university does not make a judgment about whether a criminal act has occurred,” Universities Australia chief Catriona Jackson writes in The ­Australian today.

“Universities strongly encourage anyone who comes forward to go to the police where the matter will be dealt with according to the laws of the land.”

Ms Jackson said university investigations were conducted on “the balance of probabilities” to assess whether someone’s conduct was below the standard expected under university policies. She said universities needed to fulfil their “duty of care” to students and also had a duty to ensure health and safety were not put at risk, safeguarding the institutions from criminal penalties.

“Our guidelines acknowledge that in all cases, natural justice and procedural fairness must apply and that all parties must be kept informed as any misconduct complaint progresses,” she says.

Ms Jackson writes that the guidelines, developed by Universities Australia and applied across the higher education sector, were developed after extensive consultation with legal experts.

“Some of those most likely to experience sexual harassment or sexual assault in Australia are the same groups that attend universities in large numbers — particularly women aged between 18 and 24,” she writes.

“That’s why universities have worked carefully with sexual violence experts, students and lawyers.”