USyd Emeritus Professor and former High Court Justice Dyson Heydon found to have Sexually Harassed Staff

Ellie Stephenson reports.

Former High Court Justice Dyson Heydon has been found to have sexually harassed six young female associates by an independent inquiry initiated by the Court. The investigation uncovered a pattern of sexual harassment, including inappropriate touching, comments and attempts to forcibly kiss a number of women. 

A statement from High Court Chief Justice Susan Kiefel said the Court “was advised last year of allegation of sexual harassment” against Heydon, and that the findings of the investigation launched as a result were “of extreme concern to me, my fellow Justices, our Chief Executive and the staff of the Court.” The High Court Justices have apologised to the complainants and Justice Kiefel discussed their experiences with them in person. 

The investigation made six recommendations which have all been acted upon: the development of a HR policy applying to Justices’ associates, reviewing the induction provided to associates, introducing a supervisor to check in with associates, clarifying that confidentiality requirements for associates apply only to the work of the Court, clarifying that associates are not obliged to attend social functions, and conducting further consultation with associates. 

A report from the Sydney Morning Herald revealed a number of incidents of sexual misconduct, with a judge who was indecently assaulted by Heydon telling the Herald pointing to “the power imbalance” created by Heydon’s seniority and reputation made it difficult to complain about his actions. 

The Herald also reported that Heydon’s position as a Visiting Professor at Oxford had ended in 2015 after a student complained he had groped her.

Heydon, who denies engaging in predatory behaviour, sat on the High Court bench for a decade between 2003 and 2013. He also headed the Royal Commission in Trade Union Governance and Corruption. He is also an emeritus professor at the University of Sydney Law School, having been elected the Dean of the School in 1978-9.

The title of Professor Emeritus is likely to be called into question as a result of the investigation’s findings. The title is usually given to retired staff who are particularly distinguished, and is generally held for life; in fact, the University’s Honorary Titles Policy explicitly makes an exception for Professors Emeritus in having to follow the USyd Code of Conduct or having their title revoked. 

Despite that exception his association with the University of Sydney appears extremely problematic: young people entering the law need to be assured that abuses of power and sexual violence will be taken seriously within the profession. Moreover, student campaigns against high profile sexual harassers in the legal profession are not unprecedented; in 2017, the USyd Women’s Collective ran a successful campaign to ban advertisements from Charles Waterstreet’s law firm, Rake Chambers, after a USyd student said he sexually harassed her in the workplace. 

The USyd SRC Women’s Officers, Ellie Wilson and Vivienne Guo, described the allegations as “horrifying and unsurprising”, nothing that “Dyson Heydon was and remains one of the most powerful men in the country, and was accused of harassing at least 6 of his former associates, all of the young women at the genesis of their professional lives.” 

Their statement to Pulp also argued that: “This investigation and its damning results serve as a reminder that genuine justice cannot arise from the carceral system. The justice system overwhelmingly falls short of providing safety or justice for the survivors of sexual violence.”

The Sydney University Law Society (SULS) told Pulp that they condemned “all forms of sexual harassment in the legal profession, as well as the alleged actions of the Hon Dyson Heydon”, and that “SULS does not support Heydon’s continued title as an Emeritus Professor for the School of Law”. They urged the University to reconsider the title, saying that “his actions undermine his continued recognition as an esteemed leader in the School of Law”. 

SULS added: “If you have experienced any sexist behaviour in your workplace and would like to make a complaint to SULS, please use this anonymous form or send the Careers Vice-President an email at careers@suls.org.au”. 

Sinem Kirk, SULS’ Women’s Officer, added that “sexual harassment, indecent assault and gender discrimination of any kind, regardless of one’s position in the legal hierarchy should not be tolerated”. She noted that the purpose of the Women’s Officer is to “ensure our students feel safe within the law and beyond”.

Image credit: ABC.