Universities Australia is trying to reduce the organisational impact of implementing a government plan to protect staff and students from gender-based violence. But the peak university lobby accepts that there is no defying the new regime.
“All UA member universities want to be compliant and do the right thing. Students and their wellbeing are at the centre of this. However, UA is concerned that there is no mechanism for drawing together these standards and this may lead to unintended consequences or provider confusion,” the lobby states in its response to a national code, proposed in May by the Department of Education, (Future Campus May 30).
A core part of the DoE proposal is a unit of its own, which “will take an outcomes and risk-based approach to monitoring, assessment and enforcement for compliance when a serious issue is identified.” It extends the oversight announced in November with the decision to establish a National Student Ombudsman, (FC November 22).
UA recommendations include:
- clarifying which regulator does what. UA proposes the Department enforcement unit work with providers to improve standards, the Ombudsman deal with individual complaints and TEQSA have regulatory authority “where systemic problems occur.” “Departmental siloes must be avoided to reduce the risk of dilution of good practice already in place,” UA states.
- the government consult with, experts in university governance, legal and integrity matters, “to ensure universities can report effectively”
- flexibility for international campuses so they comply with national laws
- support to assist capacity building to implement the code
- provision for members to make contractual arrangements on dealing with complaints at third-party provided accommodation.
Universities Australia is particularly focused on procedures, “UA supports the wellbeing of students who make a disclosure or report of gender-based violence being prioritised. This should include, wherever possible, avoiding the student being re-interviewed. However, this needs to be balanced with the alleged perpetrator’s rights and universities’ requirements to observe the principles of natural justice and procedural fairness.”
But the lobby is not in a strong position to seek any concessions on anything. The Government’s intent to be seen to protecting students and staff follows a Senate committee report last year which found, “university students who have experienced sexual violence are being significantly re-traumatised and, in some instances, are unable to continue their higher education, as a consequence of their treatment by their university. The committee cannot over-emphasise how troubled it is by these outcomes, nor over-state how disappointed it is in the university sector’s overall response.” (FC September 15)
Employer lobby, the Australian Higher Education Industrial Association gets this. It has a new group working on misconduct. It’s first brief is the way university managements use non-disclosure agreements in settling sexual assault and harassment cases.
