This course is designed to explore the interactions between law gender identity and sexualities. It will:

• provide a theoretical framework which highlights the complexity and contradictions inherent in the construction of sexualities, from an interdisciplinary perspective
• examine a range of legal controversies surrounding sexuality
• consider the interaction of gender, class, race and sexuality issues
• consider the relationship between "queer" theory, lesbian and gay theory and feminist theory
• consider the relationship between activism and the legal process.

Learning Outcomes

Upon successful completion, students will have the knowledge and skills to:

1. Distinguish and apply the different theoretical approaches to sexuality arising from various academic disciplines and methodologies (scientific, moral, sociological, feminist and queer);
2. Critically analyse a range of complex legal controversies and problems surrounding sexuality and gender identity, and appraise the difficulties of activism in legal processes;
3. Examine the ways in which gender, class, ethnicity, and sexuality interact with each other and influence the outcome of legal questions;
4. Synthesise and apply queer theory and feminist theory to legal questions surrounding sexuality and gender identity;
5. Reflect critically on research in law, gender identity and sexuality and communicate knowledge and ideas to a variety of audiences both orally and in writing;
6. Plan and execute legal and interdisciplinary research, utilising case law, legislation, scholarly journal articles, and legal databases, in order to produce original scholarship.

Research-Led Teaching

A/Prof Wayne Morgan has researched and published on topics of law, gender identities and sexualities throughout his career. He was a pioneer of queer legal theory. Students will engage in research throughout the course.

Required Resources

An E Brick will be available and other resources posted on the course WATTLE site.

Recommended Resources

An E Brick will be available and other resources posted on the course WATTLE site.

Staff Feedback

Students will be given feedback in the following forms in this course:

• written and/or oral comments on final essay proposal. Written and/or oral feedback on submitted class paper and final essay.

Student Feedback

ANU is committed to the demonstration of educational excellence and regularly seeks feedback from students. Students are encouraged to offer feedback directly to their Course Convener or through their College and Course representatives (if applicable). Feedback can also be provided to Course Conveners and teachers via the Student Experience of Learning & Teaching (SELT) feedback program. SELT surveys are confidential and also provide the Colleges and ANU Executive with opportunities to recognise excellent teaching, and opportunities for improvement.

Other Information

Task submission times refer to Canberra time (AEST/AEDT).

Extensions late submission and penalties - https://law.anu.edu.au/current-students/policies-procedures/extensions-late-submission-and-penalties

Deferred examination: http://www.anu.edu.au/students/program-administration/assessments-exams/deferred-examinations

Special consideration: http://www.anu.edu.au/students/program-administration/assessments-exams/special-assessment-consideration

Penalties for excess word length: https://law.anu.edu.au/current-students/policies-procedures/word-length-and-excess-word-penalties

Distribution of Grades Policy: https://law.anu.edu.au/current-students/policies-procedures/grading

Further Information about the Course: is available from the course WATTLE page. Students are required to access the WATTLE site regularly throughout the course for details on weekly classes and any announcement and updates relating to the course.

Class Schedule

Week/Session	Summary of Activities	Assessment
1	This is a semi-intensive course that will be delivered 10:00am - 13:00pm between 3 - 21 July 2023 on Monday, Tuesday, Thursday and Friday (Note: The final Thursday class on 20 July will be held on Wednesday 19 July instead).
2	Day 1: Introduction: terms and concepts
3	Day 2: Introduction: terms and concepts
4	Day 3: Gender identity and presentation
5	Day 4: Regimes of regulating sexual activity (sodomy)
6	Day 5: Regimes of regulating sexual activity (SM/Kink/Pornography)
7	Day 6: Regimes of regulating sexual activity (sex work)
8	Day 7: Equality/Difference
9	Day 8: Equality/Difference
10	Day 9: Visibility and Violence
11	Day 10: Family/Not Family
12	Day 11: Family/Not Family
13	Day 12: Engaging with the State

Tutorial Registration

Not applicable

Assessment Summary

Assessment task	Value	Due Date	Return of assessment	Learning Outcomes
Reflective Class Paper	25 %	*	*	1,3,5
Research Essay	75 %	17/08/2023	15/09/2023	1,2,3,4,5,6
Class Participation	0 %	*	*	4,5

* If the Due Date and Return of Assessment date are blank, see the Assessment Tab for specific Assessment Task details

Policies

ANU has educational policies, procedures and guidelines , which are designed to ensure that staff and students are aware of the University’s academic standards, and implement them. Students are expected to have read the Academic Integrity Rule before the commencement of their course. Other key policies and guidelines include:

• Academic Integrity Policy and Procedure
• Student Assessment (Coursework) Policy and Procedure
• Extenuating Circumstances Application
• Student Surveys and Evaluations
• Deferred Examinations
• Student Complaint Resolution Policy and Procedure
• Code of practice for teaching and learning

Assessment Requirements

The ANU is using Turnitin to enhance student citation and referencing techniques, and to assess assignment submissions as a component of the University's approach to managing Academic Integrity. For additional information regarding Turnitin please visit the Academic Skills website. In rare cases where online submission using Turnitin software is not technically possible; or where not using Turnitin software has been justified by the Course Convener and approved by the Associate Dean (Education) on the basis of the teaching model being employed; students shall submit assessment online via ‘Wattle’ outside of Turnitin, or failing that in hard copy, or through a combination of submission methods as approved by the Associate Dean (Education). The submission method is detailed below.

Moderation of Assessment

Marks that are allocated during Semester are to be considered provisional until formalised by the College examiners meeting at the end of each Semester. If appropriate, some moderation of marks might be applied prior to final results being released.

Participation

For all courses taught in any mode (whether face to face or online), the ANU College of Law considers participation in the classes offered to be an important part of the educational experience of the program. Students are expected to attend all classes. Active participation is also an effective way for students to receive feedback on their knowledge and ideas.

Assessment Task 1

Reflective Class Paper

Details of Task: The reflective class paper will involve students volunteering for a piece of prescribed reading, summarising and critically reflecting on that reading in a short written essay. Students will sign up for their class paper on WATTLE. Students will be expected to attend class on the day that the piece of reading for which they have volunteered is discussed and to participate in that discussion. If students miss the class for which they have volunteered, they will be able to volunteer for a different piece in a later class. After the discussion in class, students will then write their reflective paper on their chosen reading, having benefited from the class discussion. Note that the mark for this piece of assessment is awarded on the basis of the written class paper, although a student's contribution to class discussion will also be taken into account.

Nature of Task: Compulsory and non-redeemable. Failure to complete will result in a mark of 0 for this task.

Weighting: 25%

Release: Students will volunteer for a recommended piece of reading at least 1 day before that reading will be discussed in class.

Word Limit: 1,000 words. Assessment must be submitted in a word processing file format (.doc, .docx). PDF files are not acceptable.

Due Date: One week after reading has been discussed in class. Submission is via Turnitin. Late submission (without an extension) will be accepted, although late penalties may apply.

Penalties for excess word length: Refer to the Forms, Policies and Procedures page on the ANU College of Law website.

Referencing Requirements: Refer to the current edition of the AGLC.

Other requirements: 12 point font, 1.5 line spacing.

Estimated return date: Where possible, marked papers will be returned one week after submission. It may not always be possible to comply with this return date, if there are a large number of class papers submitted in a given week.

Feedback: Feedback will be given via Turnitin.

Assessment criteria: Equal weight will be given to 3 criteria:

• Preparation and understanding of the material;
• Reflecting critically on the material (e.g. on basis of personal experience or theoretical perspective);
• Expressing ideas clearly (in written paper: grammar, syntax, spelling and expression);

Assessment Task 2

Research Essay

Details of Task: A research essay (or equivalent piece of work) on a topic approved by the convenor. Examples of “equivalent pieces of work” might include:

• a submission to a law reform body concerning a particular area of law; or
• drafting an amicus curiae brief for a test case; or
• rewriting a judgment.

Students will be required to submit in writing via email a proposal setting out a specific question or questions to be addressed. The written proposal must be emailed to the convenor by Friday 21 July 2023. The convenor will give feedback and help students develop their essay topic after the initial submission of the proposal. This is also an opportunity for students to receive feedback on their work that does not contribute to the final mark in the course.

Nature of Task: Compulsory and non-redeemable. A failure to submit the final research project will result in a student receiving a mark of 0 for this assessment task.

Weighting: 75%

Due Date: 5 pm, Thursday 17 August 2023 via Turnitin. Late submission (without an extension) will be accepted, although late penalties will apply.

Word Limit: 4,000 words. Assessment must be submitted in a word processing file format (.doc, .docx). PDF files are not acceptable.

Penalties for excess word length: Refer to the Forms, Policies and Procedures page on the ANU College of Law website.

Referencing Requirements: Refer to the current edition of the AGLC.

Other requirements: Essays should be 1.5 spaced and in 12 point font.

Estimated return date: Monday 11 September 2023.

Assessment criteria: Equal weight will be given to three criteria:

1. Quality of research (extent of research, diversity of sources, inclusion of academic sources);
2. Quality of writing style (grammar, syntax, spelling, expression) and presentation including footnoting;
3. Quality of argument (originality, structure, logic, degree of engagement with critical legal theories).

Assessment Task 3

Class Participation

Details of Task: In view of the centrality of discussion to student learning in this course, attendance at seminars is compulsory. Students must attend at least 8 of the 12 seminars scheduled in this course. The minimum attendance rule is that students who miss more than 4 seminars without documented illness or special circumstances will receive a penalty of 5 marks deducted from the student’s overall mark for the course.

Nature of Task: Compulsory and non-redeemable. Failure to attend 8 out of 12 seminars will result in 5 marks being deducted from a students' overall course mark.

Weighting: 0% (with a penalty of 5 marks)

Release: There will be an attendance sign-up sheet in each seminar. It is the student’s responsibility to ensure that their attendance is duly recorded.

Due Date: Ongoing at seminars. Students who are unable to attend a seminar due to illness or special circumstances should email the convenor and retain evidence of the reasons for their absence. If serious or protracted illness or special circumstances are impacting upon a student’s ability to attend seminars, such that they are likely to miss more than 4 of the 12 compulsory seminars, they must consult the convener as soon as is reasonably practicable.

Estimated Return Date: Upon finalisation of course results.

Assessment Criteria: Attendance of 8 out of 12 seminars.

Academic Integrity

Academic integrity is a core part of the ANU culture as a community of scholars. The University’s students are an integral part of that community. The academic integrity principle commits all students to engage in academic work in ways that are consistent with, and actively support, academic integrity, and to uphold this commitment by behaving honestly, responsibly and ethically, and with respect and fairness, in scholarly practice.

The University expects all staff and students to be familiar with the academic integrity principle, the Academic Integrity Rule 2021, the Policy: Student Academic Integrity and Procedure: Student Academic Integrity, and to uphold high standards of academic integrity to ensure the quality and value of our qualifications.

The Academic Integrity Rule 2021 is a legal document that the University uses to promote academic integrity, and manage breaches of the academic integrity principle. The Policy and Procedure support the Rule by outlining overarching principles, responsibilities and processes. The Academic Integrity Rule 2021 commences on 1 December 2021 and applies to courses commencing on or after that date, as well as to research conduct occurring on or after that date. Prior to this, the Academic Misconduct Rule 2015 applies.

 

The University commits to assisting all students to understand how to engage in academic work in ways that are consistent with, and actively support academic integrity. All coursework students must complete the online Academic Integrity Module (Epigeum), and Higher Degree Research (HDR) students are required to complete research integrity training. The Academic Integrity website provides information about services available to assist students with their assignments, examinations and other learning activities, as well as understanding and upholding academic integrity.

Online Submission

You will be required to electronically sign a declaration as part of the submission of your assignment. Please keep a copy of the assignment for your records. Unless an exemption has been approved by the Associate Dean (Education) submission must be through Turnitin in a word processing file format (.doc, .docx). Electronic copies in .pdf file format are not acceptable.

Hardcopy Submission

For some forms of assessment (hand written assignments, art works, laboratory notes, etc.) hard copy submission is appropriate when approved by the Associate Dean (Education). Hard copy submissions must utilise the Assignment Cover Sheet. Please keep a copy of tasks completed for your records.

Late Submission

Individual assessment tasks may or may not allow for late submission. Policy regarding late submission is detailed below:

• Late submission not permitted. If submission of assessment tasks without an extension after the due date is not permitted, a mark of 0 will be awarded.
• Late submission permitted. Late submission of assessment tasks without an extension are penalised at the rate of 5% of the possible marks available per working day or part thereof. Late submission of assessment tasks is not accepted after 10 working days after the due date, or on or after the date specified in the course outline for the return of the assessment item.
• Late submission is not accepted for tests or examinations.
• Late submission with an extension. To ensure equity for all students, the 5% penalty per working day for late submission of work does not apply if you have been granted an extension. Where an extension is granted, the revised due date and submission time will be provided in writing. Importantly, any revised due date is inclusive of weekends and public holidays. Regardless of which day of the week the revised due date falls on, students who submit after that date will be penalised by 5% of the possible marks available for the task per 24-hour period. 

Referencing Requirements

The Academic Skills website has information to assist you with your writing and assessments. The website includes information about Academic Integrity including referencing requirements for different disciplines. There is also information on Plagiarism and different ways to use source material.

Returning Assignments

All marks and feedback will be provided by the return date listed in the class summary.

Extensions and Penalties

Extensions and late submission of assessment pieces are covered by the Student Assessment (Coursework) Policy and Procedure. Extensions may be granted for assessment pieces that are not examinations or take-home examinations. If you need an extension, you must request an extension in writing on or before the due date. If you have documented and appropriate medical evidence that demonstrates you were not able to request an extension on or before the due date, you may be able to request it after the due date.

Privacy Notice

The ANU has made a number of third party, online, databases available for students to use. Use of each online database is conditional on student end users first agreeing to the database licensor’s terms of service and/or privacy policy. Students should read these carefully. In some cases student end users will be required to register an account with the database licensor and submit personal information, including their: first name; last name; ANU email address; and other information.
In cases where student end users are asked to submit ‘content’ to a database, such as an assignment or short answers, the database licensor may only use the student’s ‘content’ in accordance with the terms of service – including any (copyright) licence the student grants to the database licensor. Any personal information or content a student submits may be stored by the licensor, potentially offshore, and will be used to process the database service in accordance with the licensors terms of service and/or privacy policy.
If any student chooses not to agree to the database licensor’s terms of service or privacy policy, the student will not be able to access and use the database. In these circumstances students should contact their lecturer to enquire about alternative arrangements that are available.

Distribution of grades policy

Academic Quality Assurance Committee monitors the performance of students, including attrition, further study and employment rates and grade distribution, and College reports on quality assurance processes for assessment activities, including alignment with national and international disciplinary and interdisciplinary standards, as well as qualification type learning outcomes.

Since first semester 1994, ANU uses a grading scale for all courses. This grading scale is used by all academic areas of the University.

Support for students

The University offers students support through several different services. You may contact the services listed below directly or seek advice from your Course Convener, Student Administrators, or your College and Course representatives (if applicable).

• ANU Health, safety & wellbeing for medical services, counselling, mental health and spiritual support
• ANU Access and inclusion for students with a disability or ongoing or chronic illness
• ANU Dean of Students for confidential, impartial advice and help to resolve problems between students and the academic or administrative areas of the University
• ANU Academic Skills and Learning Centre supports you make your own decisions about how you learn and manage your workload.
• ANU Counselling Centre promotes, supports and enhances mental health and wellbeing within the University student community.
• ANUSA supports and represents all ANU students