A senior law professor at the University of Notre Dame Australia has lodged a challenge with the Fair Work Commission (FWC), alleging that the university's investigation into sexual harassment claims made against him was mishandled and fundamentally flawed.
Dr. Iain Benson, a Professor of Law, took the university to the FWC after an internal investigation substantiated six out of 14 claims related to his conduct during an immersion program in Paris in July 2025. Three students jointly lodged a complaint with Associate Professor Deborah Pike, who was accompanying Dr. Benson and the students on the trip, about alleged actions and statements made by Dr. Benson. The complaints were subsequently referred to university leadership and HR.
An HR investigator, Samantha Newing, was appointed to examine the allegations. Her report, cited in an FWC ruling, concluded that the conduct amounted to sexual harassment. Among the substantiated claims was an allegation that Dr. Benson kissed a student on the cheek at an Irish pub. The report also found that Dr. Benson's use of words like 'sensual' and 'erotic' in a tea shop, which he argued were descriptors from the store's website, could be perceived as suggestive given the power imbalance between a professor and a student. Ms. Newing's report stated that the investigation's findings "confirm evidence of sexual harassment" and recommended "termination of employment" due to the serious nature of the behavior and the power imbalance.
However, Dr. Benson disputes the investigation's findings and process. He claims the university breached his enterprise agreement and seeks to prevent the university from taking disciplinary action or relying on the investigation's conclusions. Dr. Benson also argued that Ms. Newing lacked independence, as she handled both initial allegations and the subsequent investigation, potentially creating bias. He challenged the credibility of witnesses, suggesting that some allegations were "politically motivated" due to students' supposed dislike of his views.
One student, Ms. Sophie Bagster, reportedly stated, "We decided to get this prick," indicating a potential for collusion, according to Dr. Benson's argument. Another student, Ms. Daniela Garbin, allegedly described him as 'creep', 'sleazy', a 'prick', and 'fucking hideous' and told HR that "this guy needs to go down."
The FWC, in a ruling dated August 31, 2026, noted that the university had committed some procedural breaches. Deputy President Peter O'Keeffe found that the university failed to provide Dr. Benson an opportunity to nominate and have defense witnesses interviewed, describing this as a "serious disservice." While the commission determined that these breaches caused Dr. Benson little practical disadvantage, it declined to issue the orders he sought to bar the university from acting on the findings.
Instead, the FWC Deputy President recommended that if the matter proceeds to the university's internal appeal process, serious consideration should be given to any witnesses Dr. Benson wishes to call. A decision regarding Dr. Benson's employment has not yet been made by the university, and Notre Dame has declined to comment on his current employment status, citing privacy policies. The university stated it cannot share personal information or comment on the specific employment status of individuals.