Sexual Misconduct Policy & Procedure - Students

Policy Number: 
3213
Policy Responsibility: 
Board of Governors
Approved: 
Board of Governors
Effective: 
March 23, 2017
Review: 
March 23, 2020

Context / Purpose: 

The purpose of this policy is to clearly state the commitment of the Justice Institute of British Columbia (“JIBC”) to addressing sexual misconduct involving students through:

  • Facilitating a safe and secure learning environment that is free from sexual misconduct;
  • Defining the roles and responsibilities of individuals in implementing and carrying out programs and practices in the prevention of, and in response to, sexual misconduct;
  • providing education to the student community about prevention of sexual misconduct;
  • assisting those who have experienced sexual misconduct by providing information and support, including provision of and/or referral to counselling and medical care, and appropriate academic and/or other accommodation; and
  • using clear, appropriate and fair processes for handling complaints of sexual misconduct. 

Policy Statement: 

JIBC is committed to creating and maintaining a learning and working environment characterized by mutual respect, safety, civility and free inquiry. Safety at JIBC is a priority and any form of sexual misconduct will not be tolerated. JIBC will address sexual misconduct involving a student through support, awareness, training and prevention programs, and appropriate handling of complaints and disclosure of sexual misconduct. Students who have experienced sexual misconduct will be treated with compassion, dignity and respect. 

Scope: 

3.) This policy applies to students of JIBC while engaged in courses or training on any JIBC campus or in any JIBC-related activity.

2.) This policy is not intended to supersede or interfere with prevailing laws. Anyone who has experienced sexual misconduct has the right to pursue criminal or civil legal avenues whether or not they choose to proceed under this policy.

Definitions: 

Complainant:  An individual who is alleged to have been subject to sexual misconduct. 

Complaint: A written statement of facts that alleges sexual misconduct involving a student including a record of the dates, times, nature of any incidents and names of witnesses. The complaint must contain sufficient detail to allow JIBC to assess the complaint and conduct an investigation, if required. A complaint can be made by a person who has experienced sexual misconduct (complaint) or who has been a witness to sexual misconduct (report). 

Consent: An active, direct, voluntary, un-coerced, ongoing, unimpaired and conscious choice and agreement between adults to engage in sexual activity. Consent can be withdrawn at any point.

Disclosure: A report of sexual misconduct where the complainant chooses not to proceed with formal processsuch as Police Reporting or a Complaint.  

Inform: Where an individual provides information about an act of sexual misconduct involving a student of the JIBC community.  The act of informing may or may not include a request for action at that time.

JIBC-related activity: Any activity occurring on JIBC property or as part of an educational program or administrative action and including online or distance education, practicum, field education, off-site training, or work terms required by a program of study at JIBC and endorsed activities and events.

No-Contact Undertaking: An agreement, mutually undertaken by two or more people, to refrain from contacting one another based on specified conditions.

Respondent: An individual who is alleged to have engaged in sexual misconduct. 

Student: An individual who is registered in a course or program at JIBC or who was registered in a course or program at the time the alleged misconduct occurred.

SEXUAL MISCONDUCT PROHIBITED

Sexual misconduct of any kind is prohibited by all members of the Institute, including students.

Sexual misconduct includes sexual violence and means any sexual act or act targeting a person’s sexuality, regardless of their gender, sexual orientation, or gender identity, whether the act is physical or psychological in nature, that is committed, threatened or attempted against a person without the person’s consent, and includes without limitation:

a)       sexual assault, which includes any form of unwelcome activity of a sexual nature imposed by one person (or more) on another without consent, including:

  1. a range of unwelcome sexual activities including oral contact (kissing), groping, touching, oral sex, vaginal or anal penetration and/or other forms of penetration;
  2. sexual contact that is forced, manipulated, or coerced by a partner, friend, acquaintance, or stranger;
  3. the use of alcohol and/or drugs by a person to control, overpower or subdue a person for purposes of sexual contact; and
  4. sexual activity with another person they know, or reasonably ought to have known, is mentally or physically incapacitated (e.g., unconsciousness, blackout, or as the result of a disability);

b)       sexual harassment, which includes a course of unwanted remarks, behaviours, or communications of a sexually orientated nature and/or a course of unwanted remarks, behaviours or communications based on gender – where the person responsible for the remarks, behaviours or communications knows or ought reasonably to know that these are unwanted including, but not limited to unwanted:

  1. I. sexual solicitations, advances, remarks, suggestive comments and gestures (including songs and chants);
  2. the inappropriate display of sexually suggestive pictures, posters, objects or graffiti;
  3. aggressive comments and slurs of a sexual nature on any form of social media;
  4. physical contact of a sexual nature; and
  5. sexual conduct that interferes with an individual’s dignity or privacy;

c)       stalking, which is a form of criminal harassment which includes behaviors that occur on more than one occasion and which collectively instill fear in a person or threaten a person’s safety or mental health, including threats of harm to a person’s friends and/or family, and includes, but is not limited to:

  1. non-consensual communication (face to face, phone, email, social media);
  2. threatening or obscene gestures;
  3. surveillance;
  4. sending unsolicited gifts;
  5. “creeping” via social media/cyberstalking; and
  6. uttering threats;

d)       indecent exposure; which includes exposing one’s body to another individual for a sexual purpose without their Consent; 

e)       voyeurism; which includes the non-consensual recording or observation, including in-person, electronically, or otherwise, of another individual in circumstances that give rise to a reasonable expectation of privacy and where:

  1. the other individual is in a place in which a person can reasonably be expected to be sexually exposed or to be engaged in sexual activity; or
  2. the observation or recording is done for a sexual purpose;

f)        sexual exploitation; which includes a person in a position of power or trust over another person misusing that power or trust for a sexual purpose;

g)       the distribution of a sexually explicit photograph or video of a person to one or more persons other than the person in the photograph or video without the consent of the person in the photograph or video and with the intent to distress the person in the photograph or video;

h)       the attempt to commit an act of sexual misconduct; and

i)        the threat to commit an act of sexual misconduct.

PROCEDURES

JIBC recognizes the significant impact that sexual misconduct can have on an individual.  Where an individual Discloses, Informs, or files a Complaint of sexual misconduct involving a student, JIBC will follow the procedures (Appendix A) to this Policy.  JIBC will provide its students with support, services and/or referrals as appropriate

SEXUAL VIOLENCE AND MISCONDUCT PREVENTION, AWARENESS, EDUCATION AND TRAINING PROGRAMS

JIBC will offer ongoing awareness and education programs regarding sexual misconduct for JIBC students.  

 


 

APPENDIX A:

SEXUAL MISCONDUCT PROCEDURES - STUDENTS


 

Approved by:     Board of Governors
Effective:            Enter the original date approved.
Revisions:          

 


 

SCOPE

These procedures form part of the Sexual Misconduct Policy (the “Policy”) and should be followed and applied in relation to all complaints and disclosures under the Policy.

Terms are as defined in the Policy.

PROCEDURAL GUIDING PRINCIPLES

 JIBC recognizes that there may be a number of different reasons students who experience sexual misconduct and witnesses of sexual misconduct may be hesitant to complain about or report sexual misconduct.  JIBC is committed to supporting students who experience sexual misconduct, who make complaints of sexual misconduct and supporting witnesses who report sexual misconduct involving a student.  JIBC encourages anyone who experiences or witnesses sexual misconduct involving a student to make a complaint or report to JIBC as soon as possible.

JIBC recognizes the serious potential impact on an individual of being accused of sexual misconduct.  JIBC will respect the principles of natural justice and the principle of the presumption of innocence in its treatment of those accused of sexual misconduct involving a student.

1.0          MAKING A COMPLAINT OR DISCLOSURE OF SEXUAL MISCONDUCT INVOLVING A STUDENT

1.1               Making a Complaint or Disclosure

Anyone who experiences or witnesses sexual misconduct involving a student, or has reason to believe that sexual misconduct involving a student has occurred or may occur, may pursue any of the following options (or pursue more than one option simultaneously):

a)      Police or Community Victim Services Reporting Option:

Individuals may report their allegations through the criminal justice or victim services system by contacting the RCMP or local police detachment. If an individual chooses this option and informs the JIBC, Campus Security and/or Director of Student Affairs or Manager of Learning Services can facilitate making a report to the police. JIBC will cooperate with any criminal investigation.

b)      On-Campus Complaint Option:

Any person who experiences or witnesses sexual misconduct involving a student may file a complaint with JIBC.  A complaint should be made to the Director of Student Affairs, the Manager of Learning Services, or any employee of JIBC the person feels comfortable making it to.

The complaint should be in writing and include a statement of facts including a record of the dates, times, and nature of any alleged incidents, and the names and if possible contact information, of any witnesses.

Complaints must contain sufficient detail to allow JIBC to assess the complaint and conduct an investigation, if required.

Where JIBC receives a complaint with sufficient detail, it will attempt to informally resolve the complaint or commence a formal investigation in accordance with this Policy.

c)        On-Campus Disclosure without a Complaint Option:

Any person who experiences or witnesses sexual misconduct involving a student but does not want to proceed with a complaint may make a disclosure to the Director of Student Affairs, the Manager of Learning Services, or any employee of JIBC the person feels comfortable making it to.

JIBC will consult with the person making the disclosure before taking action in response to the disclosure unless, based on the disclosure, JIBC believes there exists an ongoing safety risk to any individual.

 

2.0          JIBC’S RESPONSE TO A COMPLAINT OR DISCLOSURE

2.1          Interim Measures

2.1.1    Upon receipt of a complaint or disclosure and prior to the commencement of an investigation or resolution process, JIBC may impose interim measures as may be necessary to ensure the safety of the individuals involved and/or the JIBC Community. Interim measures may include, but are not limited to:

a)   alteration of the course schedule of any student involved in a complaint of sexual misconduct;

b)   no-contact undertakings; and

c)    temporary, non-disciplinary, leaves.

2.1.2    JIBC will attempt to minimize the impact of any interim measures on all individuals involved in the complaint or disclosure and will ensure that individuals who make a complaint or disclosure do not suffer adverse treatment by JIBC for making a complaint or disclosure.

 

2.2         Confidentiality 

2.2.1  JIBC recognizes the confidentiality interests and privacy rights of all parties involved in a complaint or report of sexual misconduct involving a student and must protect personal information in accordance with the Freedom of Information and Protection of Privacy Act, subject to the exceptions thereunder.

2.2.2  JIBC may disclose information relating to complaints or disclosures in certain circumstances, including but not limited to where:

a)   necessary to ensure the requirements of natural justice and procedural fairness are met;

b)   the sharing of personal information is necessary for the protection of the health or safety of any individual;

c)    the sharing of personal information is required or authorized by law; or

d)   the person the information is about has consented to the release of the personal information.

 

2.3          Informal Resolution

2.3.1    Where appropriate and where both the complainant and respondent agree, JIBC will attempt to informally resolve a complaint or disclosure.  Any informal resolution must ensure the safety of the students and the JIBC community.

2.3.2    Where JIBC is unable to resolve a complaint through an informal resolution process, JIBC will initiate a formal investigation into the complaint under section 2.4 of this Policy.

 

2.4          Formal Investigations

2.4.1    JIBC will act in accordance with the principles of procedural fairness in dealing with allegations and investigations of sexual misconduct and will take all reasonable steps to ensure the safety of the students and the JIBC Community.

2.4.2    If a complaint is received that falls under this Policy, the Director Student Affairs or Manager of Learning Services shall provide the respondent(s) with a copy of the complaint and ask that a written response be provided within a specified timeline. This timeline may be extended by JIBC based on a reasonable request from the Respondent.

2.4.3    An investigator will be appointed by the Director Student Affairs or Manager Learning Services to conduct the investigation. The investigator may be an employee of the JIBC or an external investigator. The investigator will interview the Complainant, the Respondent and any other individual as the investigator determines necessary, and produce a report of the investigator’s findings.

2.4.4    A copy of the investigator’s report will be submitted to the Director Student Affairs and to the Vice President, Academic. Following review of the report, the Vice President Academic will decide whether to dismiss or uphold all or part of the complaint.

2.4.5    If the Vice President Academic upholds all or part of the complaint, the Vice President Academic will impose or recommend appropriate action in response to the finding. Where appropriate, the Vice President Academic will consult with a student’s Program Dean before imposing any discipline on the student.

2.4.6    If the Vice President Academic determines that suspension or expulsion is the appropriate discipline the recommendation will be presented to the President who will have the final decision on the imposition of such discipline.

 

3.0          NO RETALIATION

3.1          It is contrary to this Policy for anyone to retaliate, engage in reprisals or threaten to retaliate against a person for:

a)   pursuing options/rights under this Policy or any other relevant Provincial or Federal legislation;

b)   having participated or co-operated in a complaint, disclosure, or investigation under this Policy; or

c)    having been associated with someone who has pursued rights under this Policy.

 

3.2          Anyone who engages in such retaliation will be subject to discipline up to and including suspension, expulsion or termination from JIBC.

 

4.0          SUPPORT

4.1          Support During Investigations

JIBC will make counselling services available to any students involved in complaints who request counselling.

4.2          Other Support for Students

4.2.1    A student who has experienced sexual misconduct, including sexual misconduct at a non-JIBC related activity, and who may require an educational accommodation (for example, exam deferral, an extension on an assignment, withdrawing from a class, changing location of studies to another campus or from home, etc.), should make a request to the Director Student Affairs or Manager Learning Services.  Students who have experienced sexual misconduct and make such requests will be supported and will have their requests considered in accordance with JIBC procedures for requesting and granting academic accommodations (See Accommodation of Students with Disabilities Policy.)

4.2.2  A student requesting an academic accommodation under this Policy is not required to file a complaint to be eligible to receive an academic accommodation.

 

4.3          Other Resources

The following additional resources are available to provide information and support to students.

On Campus

  • Campus Security – 604-528-5999
  • Director, Student Affairs – 604-52805787
  • Manager of Learning Services – 604-528-5884

 

Off Campus 

a. Local police jurisdiction: call 911.

b. Sexual Assault Service, BC Women's Hospital: 604-875-2881 (Monday - Friday, 9:00 am - 5:00 pm) Vancouver General Hospital Emergency Department: (24 hours/day): 604.875.2881, http://www.bcwomens.ca/our-services/specialized-services/sexual-assault-service

c. Fraser Health – Forensic Nursing Services at Surrey Memorial or Abbotsford Regional Hospital at: https://www.fraserhealth.ca/health-info/health-topics/adult-abuse-and-neglect/adult-abuse-and-neglect

d. SMART (Surrey Mobile Assault Response Team) – a 24/7 crisis response team at 604.583.1295 that provides medical, legal and social services over the phone and in-person to anyone who has experienced a physical or sexual assault by a stranger or someone they know. http://www.surreywomenscentre.ca/smart/patient-navigator

e. Sexual Assault Crisis and Information – WAVAW (Women Against Violence Against Women): 604-255-6344 (24 hours/day)

f. VictimLink BC at 1.800.563.0808, a toll-free 24/7 multilingual information and support line that provides information and referrals to all persons who have experienced Sexual Assaults of crime, and crisis support to person who has experienced Sexual Assault of family and sexual violence, including sexual assault, violence in relationships, elder abuse, and adult persons who have experienced Sexual Assaults of physical or sexual abuse.

g. Crime Assistance Program provides financial benefits to assist a person who has experienced Sexual Assaults, immediate family members, and witnesses in dealing with the effects of violent crime. Phone: toll free 1-866-660-3888

h. British Columbia Society for Male Survivors of Sexual Abuse is a non-profit society, established to provide therapeutic services for males who have been sexually abused at some time in their lives. Phone: (604) 682-6482 Website: https://bc-malesurvivors.com/ who has experienced Sexual Assaults.com/html/mission_purpose.htm

i. Qmunity Resource Centre provides counselling, resources, programs and peer support to the lesbian, gay, transgender, and bisexual communities. Qmunity also operates Prideline, a peer support, information and referral helpline Phone: (604) 684-5307; or toll free, 1-800-566-1170. Website: http://www.qmunity.ca ; The Centre for Lesbian, Gay, Bisexual, and Transgendered Youth (604) 684-6869

j. Vancouver Rape Relief and Women’s Shelter at 604.872.8212 – a 24/7 crisis support service. 

Last updated April 30, 2018