What are employers' responsibilities in sexual harassment incidents?
The University of Melbourne dismissed six people in the past year for sexual misconduct as complaints against staff on such incidents tripled.
The university's Sexual Misconduct Annual Report revealed that it received 21 complaints against staff in 2024, a substantial increase from the seven complaints in 2023.
"Given that sexual assault and harassment are generally considered under-reported, the university views increased reporting as a positive outcome of efforts to gradually build trust in our systems," it said.
According to the report, six people were dismissed from the university following the complaints.
"Four of these disciplinary decisions related to misconduct that was investigated in 2023, and the employment of all of those respondents was terminated in 2024," the university said.
"Two of these decisions related to complaints substantiated in 2024, which also resulted in termination of employment."
Source: University of Melbourne's Sexual Misconduct Annual Report
Meanwhile, the university said it received 23 complaints against students, down from 25 complaints in 2023.
Seven of these complaints were investigated and substantiated, which found a range of behaviours including sexual comments, inappropriate online comments, unwelcome sexual advances, stalking, inappropriate touching, as well as unwelcome general sexualised behaviour.
According to the university, these substantiated complaints resulted in:
Expulsion of one student
Suspension of three students with conditions placed on re-enrolment
Combined penalties for three students. Penalties include exclusion from specific locations, no contact directives, mandated training and reflective discussion with CAPS, and targeted education
Professor Nicola Phillips, University of Melbourne Provost, underscored their commitment to eliminating sexual misconduct in the institution.
"No individual in our community should be subjected to sexual harassment or sexual assault as they go about their studies or work, and everyone should expect – and insist on – an environment which is characterised by professionalism and respect," Phillips said in a statement.
"We will continue to stand up for these values and decisively respond to sexual assault or sexual harassment where it is found to have occurred in our community, following processes that are conducted fairly and carefully."
Employers across Australia may be held responsible for employees' acts of sexual harassment under the Sex Discrimination Act.
It states that employers may be held liable for acts of sexual harassment unless they have taken all reasonable steps to prevent them from taking place.
According to the Australian Human Rights Commission (AHRC), employers at a minimum are expected to:
Have an appropriate sexual harassment policy that is effectively implemented, monitored, and communicated to all workplace participants
Take appropriate remedial action if sexual harassment does occur
"Policies and procedures preventing harassment assist employers in maintaining positive workplace relationships and can improve employee motivation and performance," the AHRC said.
In addition to prevention, employers should also have effective complaint procedures for employees and other workplace participants. According to the AHRC, a good complaint procedure:
Conveys the message that the organisation takes sexual harassment seriously
Can prevent escalation of a case and maintain positive workplace relationships
Ensures that complaints are dealt with consistently and in a timely manner
Reduces the likelihood of external agency involvement which can be time-consuming, costly, and damaging to public image
Alerts an organisation to patterns of unacceptable conduct and highlights the need for prevention strategies in particular areas
Reduces the risk of an employer being held liable under the Sex Discrimination Act and other anti-discrimination laws
Can help to minimise the harm suffered by the person harassed
Reduces the risk of the employer being held to have treated the alleged harasser unfairly, such as in an unfair dismissal claim.