Sexual assault case: Man leaves Auckland University following rape admission

A university student became depressed, quit her studies and left New Zealand after she was raped. Photo / 123rf

An Auckland University student who admitted raping another student has left the university, dodging any penalty.

As reported by the Herald on Sunday last month, the university's proctor agreed the man had twice raped and physically assaulted a woman who lived in his accommodation hall last year.

But he was initially given a written reprimand and allowed to keep studying.

The woman - who had become depressed, quit her studies and left New Zealand - challenged that decision, producing a recording of the man admitting what had happened was "technically rape".

Earlier this year the university revoked the decision and apologised to the woman. It referred the case to the disciplinary committee, which has the power to unenrol people for serious breaches of the student code.

Reporting on the case led to outrage and a petition calling for the man to be removed from campus.

But the Herald on Sunday has learned the student quit his studies several days before a disciplinary hearing last Monday, meaning the university could not impose any further penalty.

His victim only learned of his decision during the hearing, when she was expecting him to explain his actions. It was the second time the man had failed to appear - a hearing was to be held in late March but was delayed at the last minute after he asked for a chance to get legal advice.

She told the Herald on Sunday she was shocked to find out he had left several days earlier and would not appear at the hearing.

"I was shocked no one told me prior to the meeting. Basically, the meeting was pointless and caused me so much unnecessary distress less than an hour before I had to write an exam for school."

The woman, who appeared via Zoom, was asked at the meeting to give her version of events but refused, given the committee already had her statement.

"I just didn't understand why they wanted me to still attend the meeting and repeat everything that happened, even though it's really hard for me to talk about.

"I told them I wasn't going to say anything. I was mad that they wanted me to relive it for no reason ... if he wasn't going to give his side then I didn't see the point."

It is understood her complaint was then upheld and it was found the man's conduct constituted sexual harassment which was in breach of its policies.

However, because he had withdrawn from study and was no longer enrolled, no penalty could be imposed.

The woman was concerned the man could enrol at another university and potentially move into accommodation there without anyone knowing his history.

"I would worry about everyone's safety."

The woman initially thought she could not go to the police because she had left New Zealand. After learning that was incorrect, she has laid a complaint with police.

The prospect of dragging out the case through court and reliving her experience made her unhappy - "but I don't really know what else to do at this point because the university didn't do anything".

In a statement, the university told the Herald on Sunday the woman's complaint had been referred to and determined by the discipline committee and the matter was "now at an end".

"The process and outcome of this complaint are strictly confidential, as they are for all student discipline investigations. The university therefore does not intend to comment on this matter further.

"The university is committed to providing an environment in which all members of the university community are valued and treated with respect, and where bullying, harassment and discrimination are known to be unacceptable. The university takes acts of sexual harassment against members of the university very seriously."

In March vice-chancellor Dawn Freshwater told staff and students 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."

Freshwater had committed to accelerating the implementation of the university's Creating Cultures of Consent and Respect Action Plan, including an independent review of discipline procedures.

*This article has been amended to clarify that the university had already decided to overturn the proctor's original decision, and refer the case to the discipline committee, before the Herald on Sunday contacted the university.

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.