Aware questions NUS’ move to file police report against lecturer accused of sexual misconduct when alleged victims did not

SINGAPORE — A gender equality advocacy group has questioned the National University of Singapore’s (NUS) decision to file a police report against its former lecturer for sexual misconduct, even though the alleged victims decided not to.

In a Facebook post on Thursday (Oct 22), the Association of Women for Action and Research (Aware) asked the university to clarify its position on whether mandatory reporting of a crime has always been its policy.

On Wednesday, NUS filed a police report against former Tembusu College lecturer Jeremy Fernando following allegations of sexual misconduct made by two students.

It had earlier fired Dr Fernando after internal investigations showed that he had "intimate associations" with one of the two undergraduates who lodged complaints against him.

In its Facebook post, Aware said that NUS may have felt legally obligated to file the police report due to the mandatory reporting clause in Section 424 of the Criminal Procedure Code.

However, many organisations do not follow the rule, Aware added.

"Within corporations, many instances of sexual misconduct are not reported — so there is great inconsistency in its practice," the advocacy group said.

It also pointed out that some students and netizens have registered their disappointment with the university, given the alleged victims' unwillingness to lodge a police report.

Aware questioned whether NUS made its policy on mandatory reporting clear to the alleged victims from the start and whether the victim care unit notified them that a police report would be filed.

Aware also asked why the university referred to the lecturer's indiscretion as an "intimate association with an undergraduate" if his actions were criminal.

"While we commend the university for empowering its victim care unit to give specialised support to the survivors, and keeping their privacy and confidentiality a priority throughout the case, more clarity, sensitivity and consistent communication would be useful."

TODAY has sought comment from NUS.

From a survivor-centric perspective, the gender equality advocacy group said that it is not ideal to file a police report if a survivor is reluctant.

"A crucial component of healing from trauma is regaining a sense of control — a sense that is often eroded during an invasive, violating assault. Survivors should, as much as possible, be allowed to exert their own autonomy and agency in their own cases," Aware said.

Staff at Aware's sexual assault care centre allow clients to make up their own minds about whether they want to make a police report and they do not file reports on their behalf, unless it is an exceptional situation, like when a client is in imminent danger.

Aware said it has previously asked the Government to clarify Section 424, specifically on whether counselling centres may be excused from mandatory reporting if there is no imminent risk of harm to the client.

"We ask again for such a clarification, to prevent further confusion and stress for both services and clients," Aware said.