Content warning: sexual violence
Former OUSA Clubs and Societies Representative, Josh Smith (a.k.a. Josh Smythe), was accused of sexual violence by a student in 2019. At the time, OUSA was informed of the complaint, and OUSA “understands” that a police statement was made.
“A senior member of staff was personally made aware of an allegation of sexual misconduct last year via a third party,” said a spokesperson for OUSA. OUSA’s process for dealing with sexual violence complaints is to refer survivors to Student Support and Te Whare Tāwharau. To remove an Executive Officer from OUSA requires a motion of no confidence to be supported by students; OUSA could not remove Smith from the Executive on the basis of an allegation.
The then-student who made the complaint in 2019 approached Critic with her complaint. She confirmed to Critic that she made a statement to the police.
During an interview with Critic on 15 July, Smith was asked about the allegation of sexual violence against him. He claimed to have no memory of any instances of sexual violence, and did not admit guilt. “There have been occasions, especially in the early days, where I don’t remember nights or instances and I've been told that I was too drunk or too fucked up,” he said. “But I've taken steps to reduce my alcohol intake… I had no idea.”
“I’m going to be taking a step back from my activities,” he said, “I’ve got a lot of stuff to work on.”
The morning after the interview, on 16 July, Smith emailed a statement to Critic with the subject line “Statement regarding me being the topic of complaints”. He posted the same statement to his Facebook page.
“Late yesterday afternoon I was made aware that I am the subject of some of the complaints of sexual assault and misconduct in our community,” he wrote in an email to Critic and a later-deleted Facebook status. The statement concluded with the line: “I apologise profusely to those I have harmed, and those whose trust I have broken.”
“Never in my right mind would I ever bring this type of pain into anyone's life, and it breaks my heart a thousand times over that I have done so,” he wrote. He said that he did not remember the alleged incidents, that he has “struggled with alcohol for most of my life… however this is no excuse for my actions.” He said he plans to “exclude all substances from my life” and “withdraw from pretty much all social and cultural activities”.
“Due to the legal process which allegations must go through, OUSA cannot force Executive members to distance themselves [from the student community] unless the allegations are proven,” said the OUSA spokesperson. “Currently the only method of removing an Executive officer is through a motion of no confidence which must be held at a Student General Meeting.”
Te Whare Tāwharau Director, Associate Professor Melanie Beres could not confirm whether Smith was known to Te Whare Tāwharau as an alleged perpetrator. “We continue to work with our communities to make the campus a place where all students can thrive,” she said.
However, “[t]he mandate of Te Whare Tāwharau is to support University of Otago students … If we are approached by others who are not students we will do what we can to connect them with more appropriate support services.”
Smith resigned from the OUSA Executive on 26 June. He stepped down from his duties as President of the Dunedin Fire and Circus Club (DFCC) the following week.
A non-student associated with the DFCC has been trespassed from campus by the Proctor’s Office “[f]ollowing a request from OUSA”, according to a University spokeswoman. Josh Smith has not been trespassed from campus. A report by the DFCC titled “Preliminary Findings: Abusive and Predatory Behaviour by Members of the Dunedin Fire and Circus Club” detailed complaints against multiple people in the DFCC over the last dozen years.