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Home / New Zealand

University of Auckland 'deeply regrets' handling of student's sex attack allegations - vice chancellor

Katie  Harris
By Katie Harris
Multimedia Journalist·NZ Herald·
22 Mar, 2022 05:14 AM4 mins to read

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University of Auckland. Photo / NZME

University of Auckland. Photo / NZME

*Content warning: This article discusses sexual assault and may be upsetting.

The University of Auckland "deeply regrets" how it handled sexual assault allegations from a student, and its vice chancellor says the tertiary provider's response was "not adequate".

On Sunday the Herald revealed a student, who a university proctor agreed had twice raped and physically assaulted another student, was given a written reprimand and allowed to keep studying.

But, eight months after her complaint, he is still studying at the university.

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Only two weeks ago did the university tell the woman via a letter the man would have to face a disciplinary committee over his actions - just days after the Herald on Sunday started asking questions.

In an email to the student body this week, Vice-Chancellor Dawn Freshwater said the university "deeply regrets" its inadequate response to allegations of sexual assault made against the student.

"In this case the University's disciplinary response was not adequate, which we deeply regret. The University has publicly acknowledged that errors were made, and we have apologised to the student for this."

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She said it was critically important they improve the responses to sexually harmful behaviour. To this end, Freshwater said she had committed to accelerating the implementation of the Creating Cultures of Consent and Respect Action Plan.

"Including an independent review of our student discipline procedures to identify where improvements can be made."

Freshwater also noted that the decision to refer the case to the University's Discipline Committee came before the Herald contacted the university.

"The implication that the University only acted in response to media pressure is incorrect."

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In a statement, a spokesperson for the University said the Herald first contacted the university on March 4 and the formal letter was sent to the student on March 8.

"However, the decision to overturn the Proctor's original finding and refer the case to the Discipline Committee was made in late February, following a detailed review of the case after the significant new evidence was presented in November 2021."

When asked why the response was only communicated after media enquiries, the spokesperson said that the matter was "very complex", important and involved several areas of the University.

"The preparation, checking and finalising of the 8 March letter could not be rushed."

The complainant told the Herald on Sunday she was still horrified at how her case was treated by the university.

"The whole reason I went through this process was so that there would be consequences for his actions so that this will never happen to another girl again."

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In the letter where the university admitted to a failure in its disciplinary procedures, the university said the proctor did not have the power to resolve such a serious case and it should have been referred to the university's discipline committee.

It said the proctor had accepted that last year the man, who was staying in the same university hall of residence as the woman, had sex with her while she was too intoxicated to consent.

The letter said the proctor upheld the allegation that the man "engaged in sexual intercourse with [the victim] without consent as she told him to stop and pushed him off of her, but he resumed the act".

The Herald on Sunday contacted the man but he declined to comment.

Sexual harm - Where to get help
If it's an emergency and you feel that you or someone else is at risk, call 111.
If you've ever experienced sexual assault or abuse and need to talk to someone, contact Safe to Talk confidentially, any time 24/7:
• Call 0800 044 334
• Text 4334
• Email support@safetotalk.nz
• For more info or to web chat visit safetotalk.nz
Alternatively contact your local police station - click here for a list.
If you have been sexually assaulted, remember it's not your fault.

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