An Auckland University student was allowed to keep studying despite a proctor agreeing he had had sex with another student without consent. Photo / 123rf
An Auckland University student was allowed to keep studying despite a proctor agreeing he had had sex with another student without consent. Photo / 123rf
Another man who an Auckland University proctor found had engaged in sexual activity with a fellow student without consent was let off with a written reprimand and allowed to keep studying.
The traumatised victim, who had to go to a medical clinic after the assault, has felt too scared to leave her room after continuing to see him around campus.
She asked the university to reassess her case this week after reading in the Herald on Sunday last week about a woman who underwent a similar ordeal. The man in that case had been allowed to keep studying despite the university proctor agreeing he had raped a fellow student.
In the latest case, the student says she was talking online in July to a student living in her accommodation hall who she considered a friend. She says he was trying to find a solution to help her insomnia and suggested becoming cuddle buddies.
She says she pushed him away, and said "I can't do this" or words to that effect, but he continued and her body shut down. She says she felt weak and unable to fight back, but turned away from him to show she was not consenting.
She says the man performed oral sex on her, and then penetrated her. The man had put on a condom, but he removed it part way through, she says.
The following day, the woman got an emergency contraceptive pill. Through a sexual assault helpline she was referred to a clinic where an examination found she had internal injuries.
They laid a complaint with police on her behalf, and she complained to the proctor.
The woman sent the man a text saying she had not consented. She had initially wondered if she had given the wrong impression by agreeing to a cuddle, but after talking it through with a friend she had realised that "in blunt words, I've been raped".
He sent her a reply, which the Herald on Sunday has seen, saying, "You're making good points", along with a guilty or sad-face emoji.
The man was eventually told to leave her accommodation hall while an investigation was underway, but she continued to see him around the university.
"I'd see him out the window on the street, or my friends would text me to say he's in the lift. Sometimes I was too scared to leave my room because I didn't want to accidentally bump into him."
It was the second case of it's kind at the university. Photo / 123rf
In October, the proctor's office wrote to the woman to say it upheld that the man had knowingly engaged in sexual activity with her without consent.
The proctor wrote that the man had confirmed that sexual activity had taken place but that he believed the woman had turned away because she was shy.
"[He] agreed with the following comment you made in your statement: 'My body went into a submissive state. I did not question his behaviour nor told him to stop, however, expressed my lack of consent through my body language, my facial expressions by closing my eyes and turning to the side of the bed facing away from him'.
"If [he] had believed you were expressing shyness, this indicates that he knew you may have been uncomfortable and therefore not consenting to his actions. He should have sought consent at this time to continue his behaviour."
The proctor said the text message exchange also "indicates that [the man] knew this incident was not consensual".
They did not address the woman's claims that she had said, "I can't" and that she had pushed the man away.
The man was given a written reprimand and told not to contact her. Should he wish to seek additional support and development, he could access training with the Creating Cultures of Consent and Respect program.
"I have strongly advised [him] to reflect on his behaviour and think about the impact that his words and actions have on other members of the university community," the proctor said.
The woman said she was "really shocked" to hear the university was not taking it further despite medical reports and her statement.
"They took so long trying to come up with their response. I feel like it's just like one day's work, if they weren't really going to do anything."
Her police case had also stalled - in January police told her the file was yet to be assigned to an investigator due to the huge backlog caused by Covid and border staffing.
After a break due to the Omicron outbreak, classes will return to in-person learning soon and she's fearful of seeing the man around campus.
The university says it is reviewing her case to determine whether it should also be referred to the discipline committee.
Every time the woman sees last week's story reposted on Instagram or Facebook, she feels angry and tenses up.
"I think me knowing that the university needs to take this more seriously and stop doing it again and again would help. I feel like it would be a wake-up call, if it happened around the same time and they responded in the same way."
In the case reported last week, the university proctor agreed the man had raped the woman, but only issued him with a written reprimand and told him not to contact her - he was allowed to keep studying.
That decision has now been overturned and the case referred to the discipline committee, which has the power to unenrol students.
A hearing was to be held on Wednesday, but was delayed after the man applied at the last minute for a postponement so he could receive legal advice. The hearing will now be held in late April.
A petition to remove the man from Auckland University's campus has been signed by almost 10,000 people.
Last week the university wrote to students to say its disciplinary response in the case had been inadequate, "which we deeply regret".
The proctor's finding had been made "in good faith" but had since been overturned.
Vice chancellor Dawn Freshwater had committed the university to accelerating the implementation of its Creating Cultures of Consent and Respect Action Plan including an independent review of disciplinary procedures and how they could be improved.
She acknowledged the distress of the young students involved, and said "legitimate questions" had been raised about the university's responses.
"I am determined that the University will be open and transparent with our community on these challenging issues. As I said on Monday, we have publicly acknowledged that errors have been made, and we have apologised for them. We have also committed to holding an independent review of our disciplinary processes to determine where they can be improved.
"In the interim, all cases involving harmful sexual behaviour will be reviewed to ensure that the appropriate pathway to resolution is taken.
"I am aware of the disappointment of many members of the University community about the handling of these issues, however I want to stress that our intention is always to seek a fair, transparent and timely resolution, within the jurisdiction of the University and its powers."
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.
