AUSTRALIA/ The federal education minister is flagging a possible overhaul of the tertiary education regulator amid fears the threshold for triggering investigations into the mishandling of sexual violence matters is too high.
The Tertiary Education Quality and Standards Agency (TEQSA) has received 39 complaints about how universities have handled sexual violence incidents since 2017.
None have led to formal investigations, TEQSA confirmed in written answers to a Senate committee.
“I’m open to doing what’s going to make a difference for young women in our universities,” Education Minister Jason Clare told the ABC.
Among the 39 complaints is at least one that refers to the University of Queensland (UQ).
Student Isabel complained that UQ hired a student who had allegedly stalked them while they slept and showered. During the university’s investigation, Isabel was asked if they’d been drinking and what they’d been wearing, including while showering.
The alleged perpetrator was forced to write an apology to the university over one alleged incident, following an internal investigation, but was hired by UQ months later as a tutor.
Then federal education minister Simon Birmingham referred it to TEQSA for review.
TEQSA was ultimately satisfied that UQ’s current and prospective students have access to mechanisms that are capable of resolving grievances in relation to sexual misconduct, but that UQ could’ve handled the complaints better.
Isabel and advocates from End Rape on Campus waited more than 800 days to get a final response from the complaint to TEQSA.
Isabel told the ABC that they were confused why it took so long to get a response if TEQSA hadn’t formally investigated the case, especially since Senator Birmingham’s successor, Dan Tehan, had told them the matter was being investigated.
“If they hadn’t been investigating what had taken so long and what had they been doing?” Isabel said.
“It felt like my hopes were kind of being held up the whole time.”
Another student waited 602 days to get a final response from TEQSA despite the complaint not proceeding to an investigation.
‘Devastated, confused’
TEQSA told the ABC it considers all complaints and makes initial enquiries and preliminary assessments.
It said this can include considering a university’s records relating to allegations as well as looking at internal reviews, policies and training implemented by institutions.
This is separate from a formal investigation that it might launch if it believes the complaint requires it.
While no investigations have been undertaken as a result of such complaints being raised with TEQSA, the agency said it had taken other actions.
It said it had issued regulatory guidance, assessed compliance through the mandatory re-registration process for tertiary institutions and asked institutions themselves for more information about whether issues related to complaints had been addressed.
Asked about Isabel’s case and why it hadn’t triggered a formal investigation, Mr Clare told the ABC it was time to re-evaluate whether TEQSA should have a role in investigating universities handling sexual assault matters.
“I would be devastated, confused if I had made a complaint and nothing came of it,” he said.
A Senate inquiry into consent laws unanimously recommended that the federal government establish an inquiry into TEQSA.
It also excoriated the entire tertiary education sector, saying universities, their peak body Universities Australia, TEQSA and colleges could not be trusted to effectively address the problem.