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The Canberra Times
The Canberra Times
National
Cassandra Morgan

John XXIII head ceases duties as college appeals against $420k rape payout

John XXIII College. Picture: Google Maps

An Australian National University college ordered to pay more than $420,000 to a rape victim says its chief executive has "ceased his duties", as the college appeals against the payout.

Lawyers for John XXIII College on Thursday indicated they would appeal the findings of ACT Supreme Court judge Michael Elkaim, who ruled it breached its duty of care to a former student before and after she was raped at a 2015 "pub golf" event.

During the civil case, the court heard pub golf involved student leaders taping bottles of alcohol to the hands of participants, who would have to drink a certain amount to make "par".

The lawyers indicated they would launch an "all grounds" appeal against Justice Elkaim's findings of liability, as well as against the $420,201.57 he ordered the college pay the woman.

In a statement issued last week on John XXIII's website, board chairman John Harris said Geoff Johnston had "ceased his duties" as the head of the college.

Former John XXIII head of college Geoff Johnston, who Justice Michael Elkaim said made inappropriate comments to a rape victim. Picture: Rohan Thomson

Mr Johnston was a key witness throughout the court case.

In his judgment, Justice Elkaim said the college's breach of duty of care arose when Mr Johnston directed "unruly" students away from its grounds on the night of August 6, 2015, and later mishandled a woman's rape complaint.

He said that after the assault, the then-student approached Mr Johnston, who told her words to the effect of, "I'm not really sure that anything did actually happen in the alleyway", and, "Another concern is how you managed to get that drunk".

"It is plainly foreseeable that a person making such a complaint is vulnerable and susceptible to psychological harm should the complaint be improperly dealt with," Justice Elkaim said.

"There can be little doubt that a number of the comments [Mr Johnston made] ... were entirely inappropriate."

On Thursday, Justice Elkaim indicated he would allow for a "stay" to be put on $400,000 of the woman's payout while the appeal was being processed. He said the college would have to pay the woman the remaining $20,000 in the meantime.

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