Senate condemns handling of sexual violence on campus

Senators unanimously condemned the university sector in a landmark inquiry into current and proposed sexual consent laws, urging the education minister to protect students and staff. The Legal and Constitutional Affairs Reference Committee (‘the committee’) released its report on Wednesday, including 17 recommendations requiring urgent response from the federal government. The Senate inquiry held public hearings in Sydney, Melbourne and Canberra throughout July, and the committee received 79 submissions. The committee was critical of the higher education sector’s peak body and regulatory agency for further traumatising victims with its reporting processes and lack of accountability. The report calls for sweeping changes to consent education and law reform across jurisdictions, including how the justice system treats victim-survivors. The committee has urged the federal government to review and respond to its recommendations within the next six months. Inconsistent sexual consent laws across jurisdictions Every week, an average of 275 students experience assault in university settings, according to the 2021 National Student Safety Survey (NSSS). Australian criminal law currently lacks a consistent national approach to how sexual assault is defined and legislated, making it challenging for one body to regulate all universities across each state and territory. Sexual assault falls under an umbrella category of ‘sexual violence’ and can include physical and technology-facilitated acts. Universities Australia and TEQSA receive strong criticism The committee’s report criticised Universities Australia (UA), the peak body for the higher education sector, for backtracking on a consent campaign it received $1.1m in taxpayer funding to deliver. "This ramshackle process and inferior result should be an embarrassment to the university sector," it said. The report recommended that UA conduct a second NSSS survey, making results publicly available by 2025, and to continue the survey on an ongoing basis every three years. UA chief Catriona Jackson welcomed the report on Thursday saying members “have an unwavering commitment to combat this scourge.” “Universities Australia, on behalf of the sector, will also advance an appropriately redesigned survey next year. This will build on the two previous surveys conducted in 2016 and 2021,”Ms Jackson said. “As a sector, we are continuing to confront this very serious issue and that is what we will continue to do because that is what our students and staff deserve.” The committee also criticised the Tertiary Education Quality and Standards Agency (TEQSA), stating it cannot be trusted to improve student safety, and recommended that the federal government commission an independent review of the regulatory agency. The committee said on TEQSA, "The regulator has continually failed to exercise the full breadth of its powers to hold universities accountable for their woeful responses." Advocate organisations End Rape On Campus (EROC) and Fair Agenda issued a joint response to the report, stating they were “thrilled to hear” about the independent review of TEQSA. “TEQSA has failed to deliver the accountability or change needed in this area.” “It is our analysis that TEQSA is not currently equipped to do what’s needed to address sexual violence at universities – from a mandate capacity or expertise perspective.” Queensland senator Larissa Waters condemned the regulator, stating it is inadequate and unable to hold universities accountable. "Thousands of students … are facing utterly preventable sexual assault and rape on campus, our universities should be places of learning, not rape factories," Ms Waters said. A spokesperson for TEQSA told Campus Review, “We recognise there is much more work to be done. Effective responses to these risks to students will require sustained and strong leadership in higher education institutions and evidence-based programs to prevent and respond to sexual harm.” A national independent task force The committee made an urgent and unanimous recommendation that the federal government establish an independent task force to hold universities accountable for sexual violence on campus. The committee said of the university sector, "Numerous students have been irreparably, needlessly and inexcusably harmed, including (shamefully) through the response of universities." “Current processes for reporting sexual violence in a university setting are re-traumatising students – particularly those living in residential halls,” STOP Campaign founder and director Camille Schloeffel told Campus Review. Queensland senator and committee chair Paul Scarr said that evidence shows the sector cannot be trusted to improve its response, and an independent taskforce with “effective powers” would be the “strong intervention” needed. Education Minister Jason Clare has not yet confirmed whether the government’s 2019 election campaign promise to establish an independent task force will go ahead. The committee took a strong stance on Minister Clare’s working group, which was set up to investigate sexual violence on campus, stating that "The committee understands that a working group will be convened to advise the education ministers … the time for 'working groups' has passed." “The task force would ideally have the power to regulate and implement sanctions against universities if needed to ensure transparent reporting and effective prevention and responses to sexual violence on campus,” EROC Australia founder Sharna Bremner told Campus Review. Resources for victim-survivors The committee has recommended that state and territory governments develop and deliver “education and awareness” materials informing victim-survivors how a formal complaint would be reviewed and acted on. According to the report, such materials should complement existing pilot projects and initiatives and be developed based on ongoing research funded by the federal government into the prevalence of sexual violence in Australia and the impact of responses to it. The Australian Universities Accord will consider the Senate inquiry and subsequent report as it seeks to implement systemic change across the higher education sector. The Accord released its interim report in July and will deliver its final report in December.