News
A sense of entitlement
Kelly Thomas
Senior Legal Officer
Earlier in 2020, we heard of the shock departure of the University of Adelaide’s Chancellor, Kevin Scarce, as well as the absence of its Vice-Chancellor, Peter Rathjen, due to illness. With the release of The Hon. Bruce Lander’s Statement about an Investigation, the actual events have now been unveiled. Rathjen’s actions reek of an entitled man. He engaged in sexual harassment against two women at the same work function – a University function – which had lasting consequences for those two women. The Independent Commission Against Corruption (ICAC) found that he deliberately engaged in this conduct, which was of a sexual nature and to which the women did not consent. Imagining his behaviour is sickening: because so many women have experienced that entitled, privileged and uninhibited behaviour by men. The kind where they act with disregard for anyone else’s feelings because they can. Because the power imbalance that so often appears in workplaces, in work relationships, undercuts the notion of consent.
50s – showing that sexual harassment can happen to anyone. The Court, horrified, stated: ‘He now appeals to this Court. His points are three. First, the evidence did not support the conclusion that he had sexually harassed the Respondent because he was to be seen as being – and this was the actual submission – like Mr Darcy in Pride and Prejudice.’ My skin is crawling again with the idea that men – and it is mainly men – have this sense of entitlement not only over women, but also when dealing with allegations like these. Rathjen felt like, and did, lie to the Chancellor and to the ICAC. He did that because he thought he would get away with it. found the
“I have As we found out through the ICAC’s Statement, Rathjen apparently has form in this area. Which is why the other element of the ICAC’s Vice-Chancellor lied While the University of Adelaide was report is most troubling. As was reported to the Chancellor on three undertaking its investigations, Rathjen in relation to Heydon, there seems to be occasions. received allegations of sexual harassment or a protection racket going on around this abuse that allegedly occurred while he was behaviour. In Rathjen’s case, one of the He lied in his evidence to me. employed at the University of Melbourne. victims made a complaint and the University The University of Melbourne has now sought external legal advice. That legal I have found that he has passed the report into those allegations to the advice was in effect driven at protecting lied when it suited him ICAC, and Vice-Chancellor Duncan Maskell Rathjen’s reputation. The advice was for the to do so.’ announced to staff that he remained ‘determined Chancellor to have a chat with Rathjen. That to stamp out sexual assault and harassment’, all but occurred, and Rathjen admitted his behaviour. confirming that Rathjen’s latest complainant was right in But it was never reported to the University Council coming forward. – Rathjen’s employer – giving rise to circumstances where victimisation could flourish. The ICAC’s report is not critical of the The University of Tasmania, another of Rathjen’s former employers, Chancellor – he was following legal advice – but it is critical of the has reached out as well – advising that any complaint would be legal advice given. investigated. Because that is so often how a culture of sexual harassment At this point, all of Rathjen’s victims have wanted to remain continues. When a brave woman stands up, she is embroiled in a anonymous. And that is entirely understandable. No doubt the secretive investigation where she must suffer humiliating questioning women are keen to ensure that they have ongoing careers in their and attacks on her character while the perpetrator continues at chosen fields and don’t want to be associated with such events. large. All the while employers hire top gun lawyers so they can They no doubt wished it never happened to them. I have a message rely on legal professional privilege and non-disclosure agreements for you, if you’re reading this: good on you. Good on you for to never let this culture and conduct see the light of day. I’m not stepping forward, at great personal risk and at great personal suggesting we disregard procedural fairness, but the structures expense. Thank you for reporting this so that no one else will undoubtedly support perpetrators. experience his behaviour. Thank you for once again shining a light on sexual harassment which is, unfortunately prevalent in every Fortunately, there is good work happening. Kate Jenkins, the Sex industry, but shouldn’t exist in the higher education sector. Discrimination Commissioner released her Respect@Work: Sexual Harassment National Inquiry Report earlier this year – unfortunately And it isn’t just higher education: it is everywhere. Former High losing airtime to the global pandemic, but which requires closer Court judge Dyson Heydon has fallen from grace following an attention. The ACTU has also joined up with the AHRC and ACCI to investigation into his conduct which spanned many years during release the Know the Line campaign. Because it is too important for which he traded on his powerful role. His actions cost the futures of all women to have the greatest chance at success at work and for young women who entrusted him with guiding them into the legal men to stop thinking it is okay to harass women. profession. The Federal Court also recently threw out an appeal by a lawyer who sexually harassed his paralegal – a woman in her Above: Matthew Macfadyen as Mr Darcy in Pride and Prejudice (2005) VOLUME 28, SEPTEMBER 2020
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