No clear sexual assault reporting system at New Zealand universities

Monday, 20 May 2019

Victoria University students are launching a #metoo blog to collate stories of sexual violence and harassment. (video first published in August 2018)

This story was first published on May 20, 2019. It mentions Otago University's draft sexual harassment policy. The policy was released late last week, after three years in draft form.

Students who have been sexually assaulted or harassed at the country's top universities are faced with a 'shambles' of a reporting system, sexual assault support workers say.

Preliminary results from a large new study suggest one in three students will be sexually assaulted while they are studying.

A Stuff analysis of all major universities shows inconsistent reporting methods and intimidating systems with no clear instructions.

In some of the worst examples, students at Auckland university have to follow intricate flow charts where they're instructed to confront their alleged perpetrator - a move support services say can be unsafe.

Victoria University's reporting system includes almost identical links placed side-by-side, which when clicked led to pages with conflicting information.

* Victoria University of Wellington students launch #metoo blog

* Wellington sexual abuse agency auctions vasectomy to boost fundraising**

Canterbury University students need to navigate six separate website pages before relevant information can be found, and Lincoln University provided students with no information on reporting assaults at all.

Few of the reporting systems were mobile-friendly.

Caitlin Barlow-Groome, president of Thursdays in Black - a national student-led campaign against rape and violence - said unnecessarily complex reporting systems discouraged victims from coming forward.

'Students want a process that's easy which is why student groups, such as Thursdays in Black, receive a lot of disclosures. They are familiar (to students) by being present on campus weekly,' she said.

'It makes me wonder if a student were to disclose to a staff member, would they even know where to direct the student?'

Wellington HELP Director Conor Twyford said an urgent, nationwide overhaul was needed.

'The whole university system feels antiquated and in need of a shake up,' she said.

'I would imagine students and parents would want to be aware of these issues when considering their choice of university.'

Stuff analysed the reporting systems at the country's seven major university after students living at Otago University halls of residence spoke out about alleged sexual assaults and rape culture.

Wellington Sexual Abuse HELP chief executive Conor Twyford said the charity's AGM was open to the public.

One young woman told Stuff she was assaulted at Otago's University College in O-Week earlier this year.

First-year student Ella* said a male student came into her room as she was getting ready for bed, stripped naked and got under the covers with her, refusing to leave. She alleged he repeatedly groped her and got angry and abusive when she told him to stop.

Ella told her partner's mother, Anne* about what happened, who, after discussing it for a couple of weeks, decided to report it to the university.

However, she said neither of them could find any clear information on the university's website about how and where to make a report.

The University of Auckland has a flow chart that recommends students contact their alleged attacker first.

A university spokesman told Stuff that students could make a report directly to the proctor, but this information doesn't appear anywhere on the sexual violence website.

After failing to find any information, Anne resorted to emailing a list of 12 senior management staff at the university.

She said it was a clear sign that the reporting process at Otago was failing.

'I felt they were not taking my email and the issues and questions I was raising seriously and that it did not warrant their time or attention. My questions about policy were not answered.'

A nationwide problem

HELP's Conor Twyford said it was not a unique issue.

'Every single institution has a completely different process, there does not seem to have been any communications across universities about what good practice looks like. It's a shambles,' she said.

The Ministry of Education confirmed there was no standardised policy or reporting guidelines for universities.

'Tertiary education institutions enjoy a high degree of autonomy from government, including in making academic, operational, and management decisions. This is an operational matter that universities themselves are responsible for.' a spokesperson said.

The University of Otago did not have a clear reporting system.

The Ministry confirmed it regards sexual violence as 'a serious issue and believes students across the education system should be free of all forms of harassment and violence'.

Universities New Zealand is aiming to set some benchmarked standards across the sector at an upcoming workshop - one without any student representatives.

'Part of this will be achieved by identifying and sharing realistic strategies and initiatives for successfully preventing, intervening and responding to sexual harm … this is a very important area for all of us, and we have the full support of all universities,' Otago University Vice Chancellor Harlene Hayne said.

Barlow-Groome, who is also the vice-president for the New Zealand Union of Students' Associations, criticised the workshop for not inviting any students.

'I want to have high hopes for change, but right now I don't. How can institutions talk about best practice for students when students aren't even involved?' she said.

How hard it is to find the information you need?

Stuff compared how simple it was for a hypothetical survivor to find out how to get support and make a report on each university's website, and asked Twyford to rate the reporting processes at each university.

In many cases, the reporting process was complicated and intimidating, in others it wasn't clear how to make a report at all.

Twyford said good reporting systems would have clear instructions on how to get help, and assurances that anything victims said would be believed, and would be confidential.

It was important that the site be simple to navigate on mobile, which makes up more than 75 per cent of young people's internet usage.

'If I put myself in an 18 year old's shoes, I'd be wanting to be able to look on my mobile phone. So much of this is about the institutions ability to frame this up right and deliver it right into the hands of the victim,' Twyford said.

Barlow-Groome said every university was lacking when it came to the safety and privacy of their victims.

'None of these websites have a way to close down if someone sees what they are on or are shielded sites,' she said.

Auckland University of Technology has the most straightforward reporting system - a simple online form, which doesn't require a detailed report or a potentially intimidating phone call to a stranger. It also had all the necessary information on a single page, rather than requiring clicks to other areas of the site.

AUT Associate Director of Student Conduct Siobhan Daly said removing barriers was important.

'I looked through the other universities, I couldn't really see anything other than 'go to your students health centre and get counselling,' which we know that survivors won't necessarily do,' she said.

'We basically asked how can we make this easier, more effective, but not tokenistic. We don't want it to just be 'send it here, we're ticking the box and fulfilling our obligations'. We actually wanted something where a student at the other end of the line could talk to someone, and they wouldn't be fobbed off.'

AUT allows anonymous reports, but if students choose to provide contact details, a counsellor will call them to provide support. No investigation will be launched if the report is anonymous, but it can still be useful information to help the university identify issues, Daly said.

Canterbury University also recently launched an anonymous system.

Anonymous reporting is one aspect of a major overhaul to sexual assault policy being considered at Victoria University, which is currently out for public approval. The policy gives a process for making a disclosure (rather than a formal complaint) for those who simply want their experience noted by the University. These disclosures can be made anonymously.

The policy also clarifies the process for making a formal complaint.

Conor Twyford gave Victoria's draft document high praise, saying she 'couldn't fault' it.

Otago University is also in the process of changing sexual assault policy, though there had been no public consultation. The policy has been in draft form for over three years now.

How does your university stack up?

Victoria University Wellington

The university's sexual violence policy is under review, and the draft policy currently out for consultation has been well received.

Its existing page, however, directs students to two almost identical links: 'Making a report' and 'Reporting sexually harmful behaviour', which give conflicting instructions. One directs students to contact one of three 'conflict resolution' staffers, while the other link gives rigorous instructions for making a formal complaint via email.

Complaints can't be made anonymously or on behalf of another person, and must be detailed and specific, including what happened, where, when, the names of any witnesses and whether they are willing to back your statement.

Twyford criticised the system for being 'very confusing'.

Otago University

The first result is a page titled 'Information about sexual violence', which gives definitions for various forms of sexual violence, and has an entire section of the Crimes Act relating to the definition of consent. It is 2700 words long. There are no phone numbers, contact details, or instructions for how to make a report.

A downloadable flow chart appears to show Te Whare Tawharau will help students make a formal complaint after a counselling session, if they wish, but it's not clear if there is an option to make a report without going to see a counsellor.

For someone who has not heard of Te Whare Tawherau, it may not be evident what the organisation is, and while information is available, it is spread over several pages.

The 'about us' page is not helpful. Clicking through to 'Services' and then 'Services for students' gives more context on what the centre provides. It then takes another click through to 'Contact us' before a phone number is revealed. While the menu to access these links is obvious on desktop, it is less clear on mobile.

Twyford said the system was 'very antiquated'.

'Young people do as much as 75 per cent of their browsing on a mobile, they're not going to read a 2700 word essay before acting.

Auckland University of Technology

The very first result for AUT links directly to a simple online form. Students select the type of issue they're reporting, and whether they're reporting on behalf of themselves or another student. There is a box to type in the specific details of the incident.

If they want to be contacted by a member of the Student Services team, they can provide contact details, but otherwise, the process is fully anonymous if they want it to be, though there will not be any formal investigation.

Twyford said this system was 'better than some of the others'.

'At least it's simple and feels safe, and you can (report) anonymously if you want to.'

Canterbury University

The 'Sexual Harassment and Sexual Assault' page tells students to call 0800 number for UC Security if something has just happened to them on campus.

But in other instances, the process is less clear. In order to find relevant information, students have to navigate through links to 'Support', then 'Report', then 'Raising a concern', 'Students', and then 'Make a formal complaint'.

All up, that's six clicks to six separate pages before we find any specific details.

Students are told to make a written statement saying who was involved, what happened, and what outcomes they want, print it out and sign the statement, and send it to the UC Grievance Counsellor.

A newly launched anonymous reporting tool lets students notify the university of issues, but does not trigger an investigation. Unlike AUT, there's no option to provide contact details.

Twyford said: 'Taking six clicks to get there is no good. If you're in a distressed state, that would feel like an impediment. I also would not be wanting to report a sexual assault to security guards.'

Lincoln University

The first result is for 'Sexual assault if it has just happened on campus', which is actually not a website but a downloadable PDF.

It lists phone numbers to contact campus security in the immediate aftermath of an assault.

There does not appear to be any information about how to make a report anywhere on the website.

For counselling, students can go to the student health and support centre centre and request a TIB ASAP appointment. Staff will know what this means without asking for any extra details, and will set up an appointment as soon as possible.

Twyford said the ASAP appointment was a positive and creative way for young people to get their needs met quite quickly.

'I'd want to know what the underlying policy is for confidentiality and process,' he said.

Waikato University

The 'Student Safety' page lists a 24/7 student crisis 0800 number where students can receive support and help filing an official complaint.

The actual process of making a report is not simple. A link on the page directs users to 'Student Complaints Procedures', which is a dense set of rules and regulations. Halfway through, there is a Microsoft Word document to download and fill out.

Students must describe the complaint, what they have done to resolve the complaint, and what outcome they desire.

The submission criteria is strict. Complaints must be made in writing and submitted to the dean or senior vice chancellor. All complaints must be made within three months of the incident occurring, unless they receive a special exemption.

The university does not guarantee confidentiality, in fact it expressly states that the accused will receive a copy of the written complaint.

Twyford said the three month cut-off period was problematic as some people don't start to deal with their issue for months or even years afterward.

Auckland University

The 'Physical and sexual assault' page has general information about what to do in the immediate aftermath of a sexual assault, and the contact details for several outside organisations, as well as the on-campus counselling service.

Students who have suffered a recent rape or sexual assault can phone to make an urgent on the day appointment.

However, there is no information about how to make a report.

A totally separate page for 'Harassment' links to a flow chart, which suggests that students first write to the perpetrator and 'tell the person you are unhappy with their behaviour'. If that doesn't work, they are directed to make a report to the proctor, preferably via email.

Twyford said: 'They're not even off the starting block, and this must be the biggest University in the country.

'The flow chart leaves me speechless really. If this is the first thing a survivor is going to see, it's just an impediment.

Massey University

Massey University does not have a webpage dedicated to sexual assault or any clear information on how to report it or find help.

There is however, a detailed page for harassment, both sexual and non-sexual.

The harassment page directs students to get in touch with one of a list of 'Harassment Contact People', and lists contact numbers. There are 26 of them.