'Red tape and bureaucracy' create barriers to reporting sexual violence at our universities
At Munster Technological University’s Cork campus, student union welfare officer Patrycja Zbikowska said it works with students experiencing some form of harassment every few weeks. File picture
In March, with thousands of tourists descended on Dublin for St Patrick’s Day festivities, the students’ union at Trinity College Dublin (TCD) hung a banner from its Nassau Street Entrance in solidarity with survivors of sexual violence.
TCD students’ union president Jenny Maguire told the she believes sexual harassment and assault figures remain under-reported in higher education institutions.
“The issue within the legal system around reporting assault is directly replicated across higher education institutions,” she said.
Often students will visit the students' union looking for help and support, and break down in tears.
“They just start crying because of how upset they are over the lack of support and they don’t know what to do, or the options that they have are just so poor.”
There have been some improvements in recent years, "but the policies are still so poor", she said.
It's a legally fraught area, and colleges cannot make their own determinations of guilt against students or make a ruling on whether or not a crime has been committed.
“It means you just don’t go to society events anymore; you don’t go to your classes anymore because it means having to see that person.”
While she has never seen a case brought to the conclusion where a student has been expelled for allegedly raping or sexually assaulting a fellow student, she remains concerned about those who speak out.
“What I have seen is people brought through the disciplinary process for saying someone is a rapist, or that someone was creepy to them, or that there was red flags or bad vibes.
"We’ve had students brought through the disciplinary process for months and months and months because that’s considered ‘bullying’ when they are just protecting each other when the institution is failing.”
She has raised her concerns with the college, she said.
“They’ve been sympathetic. Not a lot of disciplinary stuff happens so when it does, it's significant and there has been some movement on it, but the college doesn’t exist in isolation and the culture of protecting rapists is still very much there, particularly in a place like Trinity where people have rich fathers and lawyers and they have this, that, and the other.
"We can have consent workshops, we can have this that and the other but until we actually centre survivors in policy making, which is currently not done at a national level or at a local level, we’re just going to continuously have people go unsupported and dropping out.”
TCD declined to comment when asked by the if it is aware of this practice, and what is it doing to address this issue.
A spokeswoman for the university said it is "committed to promoting a positive environment for students, staff and other community members, where everyone is treated with dignity and respect, where their place of study and work is free from bullying, harassment, or sexual misconduct."
The university's sexual misconduct policy was approved by its board in November 2023, following focus groups with staff and students.
To support this ethos, the university established the dignity, respect, and consent service with the aim of making the policies more accessible and providing more choice and control to individuals who may have experienced violence.
At Munster Technological University’s Cork campus, student union welfare officer Patrycja Zbikowska said it works with students experiencing some form of harassment every few weeks.
“Definitely once a month, there is some kind of situation where a student feels they have been harassed or sexually harassed or there is an issue with racism.”
Most complaints are dealt with informally. “The formal way can be daunting,” she said.
“The informal route can actually be as successful for what the student wants or needs.”
“A lot of times, the informal way involves a head of department just speaking to the student who is harassing, or if there are any sexual violence allegations or anything like that, the heads of the department would speak to the ‘abuser’, so to say, and they would then take appropriate action depending on the situation.
“There’s never a situation where the student who is reporting or the perpetrator have to meet or would have to do any mediation or anything like that.
“If it involves sexual harassment or rape, we also give them the options of talking to the guards, and making sure they know the supports are there.”
However, across the board whether its in a university or outside, the reporting process is rarely survivor friendly, Ms Zbikowska said.
“They are drawn out, and they can be long. Obviously, you can say it's because they are trying to get everyone's point of views in a situation like this but I would say those processes aren't survivor friendly.” Making sure there is trauma sensitive training, and trauma informed training, at third level is very important, she believes.
Lucrecia Luna Smee, welfare officer with University College Cork Students’ Union (UCCSU) told the Irish Examiner that UCC students are welcomed and encouraged to bring anything they are struggling with to the union.
“That includes sexual assault and sexual violence, no matter who the perpetrator is.” “I’ve really made an effort this year to make sure that the students who come to me are feeling seen and feeling heard, even in spite of some quite outdated systems.
“This goes for universities across the country, the main concern is always first and foremost ‘did it happen on campus? 'Because if they know it didn’t happen on campus, they can take their hands off.
“Even if the incident itself doesn’t happen on campus it doesn’t mean that it won’t cause an issue on campus.” There is often a reluctance to “jump to action”, she added.
Rape Crisis Network Ireland director Clíona Saidléar said that while higher education institutions are improving their reporting systems, that work remains ongoing.
Barriers remain, she said. She was also believes the 109 reports documented by the Irish Examiner are the “tip of the iceberg” as many students prefer their cases to be dealt with informally.
“One of the barriers to people reporting is the attitudes around them, the context of the harassment or assault and the power dynamics within that.
“All of that will play into someone’s decision whether or not what happened as sexual violence and then to take the next step of reporting.” There can also be a reluctance to come forward, she added.
“This is true for every single survivor; They are doing a risk assessment, they assess what will be the cost of telling, what might be the benefit, who will they tell, what might happen if they tell, what might the response be.
“Perhaps they are coming into their final exams, or they might think ‘look I have more three weeks left, I’m just going to get through that and get out’ rather than initiate a formal complaint or rather than naming it themselves.”
Its important students know there are places they can turn to for support, she added.
“Whether that’s the local rape centre, the on-campus counselling service, or the students’ union. So that people can get the support they need, when they need it at whatever level of formality that is. They may want simply to get counselling and support, and they may want to stay anonymous and that really should be down to their choice.
“All those choices should be on the table for them.”
An investigation has found at least 268 students reported sexual harassment, sexual assault, bullying, harassment and intimidation or racism to their college in recent years.
Freedom of Information requests from almost all higher education institutions also show that at least 109 students have lodged formal complaints with their college detailing sexual assault or harassment.
Since 2019, TCD received 44 complaints from students, alleging sexual harassment, sexual assault, bullying, harassment and intimidation or racism. It also received 14 complaints of sexual harassment and sexual assault allegations relating to registered students. It also received at least three complaints of sexual harassment and sexual assault allegations pertaining to staff.
Like many of the colleges who responded to the Irish Examiner, the university did not release detailed breakdowns where any figure was less than 10, due to the “sensitivity” of the data and the “risk of indirect identification”.
The university said this is “standard practice used across many public sector bodies due to the risk of indirect identification of individuals through, for example, singling out, inference, and data linking.”
“It is also a standard implemented by the Higher Education Authority in its guidance note on reporting sexual violence and harassment in Irish higher education institutions.”
A spokeswoman for Trinity said: "Trinity is committed to promoting a positive environment for students, staff and other community members, where everyone is treated with dignity and respect, where their place of study and work is free from bullying, harassment, or sexual misconduct.
"The goal of the procedures set out in the policy is to provide a range of options to people so that they can choose the resolution pathway that it right for them and their experience. There is no time limit on disclosing, raising a concern, or making a report through the policy."
The university declined to comment on allegations involving staff members. In a statement, it said a student counselling service is available to provide confidential support and 1:1 counselling to students.
Like Trinity, UCD also declined to release figures of less than 10, as it claimed there is a “reasonable risk” that individuals could be identified, constituting a breach of Data Protection legislation by the university.
Between 2019 and August 2024, UCD received at least 70 complaints from students, alleging sexual harassment, sexual assault, bullying, harassment and intimidation or racism. Most of these complaints have been made to the college since September 2021. In 2020, academic and broadcaster Aoibhinn Ní Shúilleabháin went public about her experience of being harassed by a UCD colleague for two years. She went on to receive a written apology from the university about her treatment.
Between 2019 and August 2024, UCD also received at least 22 complaints of sexual harassment and sexual assault allegations relating to registered students. In at least another three cases university employees were involved in a complaint.
A spokesman for UCD said a university-wide consultation process was initiated in 2020. This led to the establishment of a new support service, the first of its kind in the Irish higher education sector, being officially opened in May 2022. This service provides employees and students with guidance on how to raise concerns they may have and the options that are available to them for resolving issues of a dignity and respect nature, he added.
From 2019 to 2024, University of Limerick received 22 formal complaints from students which were handled under the university’s code of conduct. Of this, six complaints related to bullying, harassment or sexual harassment. 16 other complaints related to physical assault, sexual assault or engaging in conduct likely to bring the university into disrepute.
Since 2019, UCC received 44 complaints from students, alleging sexual harassment, sexual assault, bullying, harassment and intimidation or racism. Of this, 13 complaints related to sexual harassment and sexual assault allegations. “Of these 13 complaints, less than five related to complaints made about staff members," the FOI documents note.
UCC declined to provide the number of disciplinary proceedings initiated against students and staff, or further breakdowns on the 44 complaints. “This is to protect the privacy of the individuals concerned, as well as to observe the principles of fairness and natural justice set out in the relevant policies," the FOI documents state.
“University College Cork is committed to providing a safe environment for its students, staff and visitors to the university.” “In line with other Irish higher education institutions, the university said it is implementing and updating a range of institutional processes which support achievement and monitoring of the objectives of the HEA’s framework for ending sexual violence and harassment in Irish higher education institutions and related resources and supports.
“The University continues to work to update its policies, procedures and data collection processes accordingly.”
A spokesman for the university said it is "actively implementing a range of institutional processes which support achievement of the objectives of the HEA's Framework for Ending Sexual Violence and Harassment in Irish Higher Education Institutions."
"Individual incidents cannot be commented on but our priority is to ensure every member of our community feels safe and supported."
MTU has received five complaints since 2019 of sexual assault or harassment from students against another students, all relating to its Cork campus. Four investigations were initiated following these reports. Two remain ongoing.
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