6 September 2023
Elia Gibbons
By email
: [FYI request #23755 email]
Tēnā koe Elia
I refer to your information request dated 9 August 2023 made under the Official Information Act 1982
(the Act). You have requested “information on sexual violence definitions, incidents, and responses at
the University of Otago over the past five years”.
Please see below our response to your request.
1. Reported Acts of Sexual Violence: we are hoping to understand the number of reported acts
of sexual violence that have been brought to the University’s attention within the last five
years and the number of these that occurred in university premises (including halls of
residence) and the number that occurred outside of university premises.
Subject to the below comments, please see the below table which shows the total number of
disclosures made to the University of Otago’s Sexual Misconduct Action Response Team (SMART)
since 2019:
• The information we have provided below cannot be considered complete records of the
number of “reported acts” or “disclosures” of sexual violence brought to the attention of the
University. Confidential Staff (as defined
in the Sexual Misconduct Policy) may advise the
SMART Co-ordinators of information they receive regarding sexual misconduct, but are
not
required to (see clause 4(c)).
• While the University tracks data on whether affected parties and respondents reside in
Residential Colleges, we do not necessarily track where the alleged incident took place
(including in the Residential Colleges).
• Staff (non-confidential) are expected to advise the SMART Co-ordinators of any disclosures
received, as per clause 4(d)(iii) of the Sexual Misconduct Policy. The total number of
disclosures made to SMART each year are set out in the table below. These do not necessarily
all relate to “sexual violence” (some may be sexual harassment or intimate visual recordings).
As noted above, the table does not necessarily include all disclosures made to confidential
staff.
Year
Total disclosures made to SMART
2019
13
2020
32
2021
39
2022
53
2023 (as at 31 August)
36
2. University Definition of Sexual Violence: we would also appreciate clarification on whether
the University has an established definition for operationalizing sexual violence. If so, could
this definition please be provided?
All relevant definitions are provided in the University’
s Sexual Misconduct Policy. The Policy provides
definitions for Sexual Misconduct, Grievous Sexual Misconduct, and Sexual Harassment. While there is
no specific definition for “Sexual Violence”, it is encompassed within these other definitions.
3. University Responses to Sexual Violence: in addition, we seek information on the existing
responses that the University has implemented to address and combat sexual violence.
There are a number of responses set out within
the Sexual Misconduct Policy. Clause 6 of the Policy
specifically sets out the University response to disclosures of sexual misconduct.
Affected parties may choose to:
• make a disclosure without making a formal complaint and seek support, accommodations,
and/or protective measures.
• make a formal complaint (as well as seeking support, accommodations, and/or protective
measures).
o For grievous sexual misconduct, a university investigation is not possible – an affected
party can follow a Police pathway.
o For non-grievous sexual misconduct, a university investigation is possible – however,
an affected party may also choose to follow a Police pathway.
o If, following an investigation, there is a finding that there is a breach of the Sexual
Misconduct Policy, the University’s response can include any of the sanctions set out
under
the Student Conduct Statute 2021 – including clauses 8, 9 and 10 (the Powers of
Proctor, the Powers of Provost and the Powers of Vice-Chancellor), as well as a
Tikanga-led process (clause 11) or a Restorative Justice process (clause 13).
The University of Otago response to sexual violence is also well articulated in the following article “A
whole campus approach to sexual violence: the University of Otago Model”, which is publicly available
online. The approach is one that includes staff and students, and addresses policy, support, and
prevention.
Yours sincerely
Kelsey Kennard
Official Information and Compliance Coordinator
Office of the Registrar