The purpose of this Policy is to clearly state the commitment of the Justice Institute of British Columbia (“JIBC” or the “Institute”) to providing an environment in which all individuals are treated with respect and dignity and that is free from Discrimination and Harassment through:
- promoting and maintaining an environment where all persons are treated with respect and dignity and that is free from Discrimination and Harassment;
- identifying services and resources related to Discrimination and Harassment that are available to all JIBC Students;
- explaining the complaint and reporting options, supports, and accommodations that are available to all JIBC Students who experience Discrimination and/or Harassment;
- encouraging timely resolution of disrespectful conduct through collaborative conversation(s); and
- providing formal resolution processes where collaborative conversations do not resolve the disrespectful conduct or Discrimination.
Respect is the cornerstone of JIBC’s learning relationships. All staff, Students, and Visitors share responsibility for creating a learning environment that is free of Discrimination and Harassment. JIBC will not tolerate behaviour that may undermine the respect, dignity, self-esteem, or productivity of any member of the JIBC Community. Discrimination and Harassment are serious offenses and must be distinguished from a person’s legitimate right to:
- express opinions freely and to support positions whether or not they are in agreement with those of others in the JIBC Community; and/or
- engage in honest differences of opinion with respect to education-related issues that are discussed in appropriate forums.
Discrimination under this Policy is grounded in the prohibited grounds set out in the BC Human Rights Code.
JIBC considers Discrimination and/or Harassment by any individual to be a serious breach of human rights that requires immediate action. Such action may include disciplinary measures up to and including termination or expulsion.
While Discrimination and Harassment can impact all members of society, JIBC recognizes that certain individuals and groups may be disproportionately affected due to systemic barriers and historical patterns of inequity.
All individuals will be treated equitably under this Policy, and all Complaints will be handled in a fair, unbiased, and timely manner.
This Policy applies to Discrimination and/or Harassment involving a Student(s) or Visitor(s) at a JIBC campus or learning site, as well as off-campus or online where the Student or Visitor is participating in a JIBC course, program or event, is representing JIBC, or is otherwise engaged in a JIBC-Related Activity.
This Policy applies to all communications: in-person, by telephone, using computer equipment, in writing, or through other mediums used within JIBC.
Where a Complaint is made by a Student that involves the behaviour of a JIBC Employee or Visitor, it will be processed under this Policy and resolution procedures. Any resulting corrective or disciplinary measures will be in accordance with Policy 2308 Harassment – Employees.
Where a Complaint is filed that involves behaviour prohibited by this Policy as well as behaviour more appropriately dealt with under Policy 3213 Sexual Violence & Misconduct or Policy 3205 Student Code of Conduct, the Complaint may be processed under the appropriate policy. Any proceedings related to the Complaint will assess violation of the policies, and resolution decisions will be informed accordingly.
Academic Accommodations – A change or alteration in the physical environment, or an adaptation of teaching, assessment or evaluation procedures, which is designed to meet the needs of a Student.
Bullying – a form of Harassment, where the inappropriate behaviour involves a real or perceived power imbalance. For the purposes of this Policy, Bullying is treated as Harassment
Complainant – An individual who files a Complaint. In some instances, the Institute may act as a Complainant where it becomes aware of allegations of Discrimination and/or Harassment that, if true, would violate this Policy but no person comes forward with a Complaint, or where an investigation is required by law.
Complaint – A statement that a situation is unsatisfactory or unacceptable. For the purpose of this Policy, a Complaint is a written statement of facts that alleges Discrimination and/or Harassment 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 Discrimination and/or Harassment or who has been a witness to Discrimination and/or Harassment.
Dean – The administrative head of a JIBC School.
Decision-Maker(s) – The Decision Maker(s) for this Policy may involve either the Director of Student Affairs and/or the Director of People & Culture, depending on the nature of the relationship of the Complainant and Respondent to the Institution. If one or more party involved is a Student, then the Director of Student Affairs shall be involved. If one or more party involved is an Employee, then the Director of People & Culture shall be involved. Where a Complaint involves both a Student and an Employee, the two Decision-Makers shall work in collaboration.
Disciplinary or Corrective Measures – As defined in JIBC Procedure 3205-001 Student Code of Conduct.
Discrimination – Discrimination refers to unfair treatment, denial of any accommodation, service, facility, or opportunity that is customarily available to others on the basis of any of the prohibited grounds of Discrimination that are enumerated in the BC Human Rights Code.
Employee – a person with any employment relationship with JIBC, including regular Employees, casual Employees, sessional Employees, Employees seconded from other organizations, and volunteers.
Faculty – Employees whose role is to provide educational services to students. Faculty may include regular and sessional Employees, Employees seconded from other organizations, volunteers, or contractors.
Harassment – Any inappropriate conduct, behaviour or comment that the person knew or reasonably ought to have known would deny an individual their dignity or respect, and/or create an intimidating, humiliating, hostile, or offensive environment and that may constitute Discrimination on the basis of any of the grounds prohibited under the BC Human Rights Code. Harassment also means any form of retaliation undertaken as a result of an individual having invoked, or in any way been involved with, a complaint lodged pursuant to this Policy. For the purpose of this Policy, prohibited conduct includes Bullying, verbal, non-verbal, physical, deliberate or unintended, unsolicited or unwelcome behaviours that a person should know, or reasonably ought to know, detrimentally affects the learning environment or leads to adverse learning-related consequences.
Interim Measures – For the purposes of individual and community safety, non-disciplinary restrictions that are placed upon Student(s) pending the completion of an investigation. These restrictions could include but are not limited to requiring a community member to limit their participation in non-essential educational activities, limiting contact between individuals, placing interim restrictions on access to campus locations or services, and/or a ban from campus property, or other necessary restrictions. Failure to comply with an Interim Measure may constitute a violation of this Policy.
JIBC Community – All Institute Employees, Students, Board members, and any other person who is contractually obligated to comply with this Policy.
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.
Official Student Record – As defined in JIBC’s Student Records Policy.
Respondent – An individual who is alleged to have engaged in conduct that violates this Policy.
Student - A person the Registrar recognizes as being enrolled in a course or program of studies at the Institute.
Visitor – A person who is engaging in campus activities but is not enrolled in a course or program of studies at the Institute.
Vice-President, Academic (VPA) – The person responsible for all academic programs at the Institute.
Procedures
The procedures for dealing with alleged violations of this Policy are set out in Procedure 3203-001.
Student Awareness
Students are required to make themselves aware of all JIBC policies and procedures. Lack of awareness of this or any other JIBC policy does not excuse a Student from responsibility for their actions.
Confidentiality and Documentation
- JIBC recognizes the confidentiality interests and privacy rights of all parties involved in an investigation under this Policy and must protect personal information in accordance with the Freedom of Information and Protection of Privacy Act, subject to the exceptions thereunder.
- All persons involved in an investigation under this Policy are required to keep the allegation and information relating to the investigation confidential, and are not to disclose the allegation or information revealed to them through the investigation to others, except as may be expressly permitted or as required by law. Individuals involved in investigations should be aware that while confidentiality is expected, anonymity cannot be guaranteed.
- All documentation related to a decision under this Policy will be kept in the Official Student Record and stored in accordance with JIBC Policy 3206 Student Records.
- Limits to confidentiality:
- JIBC will share identifying information only in circumstances where it is necessary in order to administer this Policy, to address safety concerns, or to satisfy a legal reporting requirement. In such circumstances, the minimum amount of information needed to allow such concerns to be addressed, or to meet requirements, will be disclosed. Such circumstances include those where:
- an individual is at risk of harm to self or others;
- there are reasonable grounds to be concerned about risk of future violence or the safety of the Institution and/or broader community;
- the sharing of personal information is required or authorized by law; or
- to comply with the reporting requirements of regulatory bodies and/or professional licensing bodies.
- JIBC will share identifying information only in circumstances where it is necessary in order to administer this Policy, to address safety concerns, or to satisfy a legal reporting requirement. In such circumstances, the minimum amount of information needed to allow such concerns to be addressed, or to meet requirements, will be disclosed. Such circumstances include those where:
No Retaliation
- It is contrary to this Policy for anyone to retaliate, engage in reprisals or threaten to retaliate against a person for:
- reporting any alleged violation of this Policy; or
- having participated or co-operated in an informal process or investigation under this Policy.
- Anyone who engages in such retaliation will be subject to Disciplinary or Corrective Measures up to and including suspension, expulsion or termination from JIBC.
Related Policies and Procedures
- 2308 Harassment – Employees Policy
- 3203-001 Discrimination and Harassment – Students Procedure
- 3206 Student Records Policy
- 3213 Sexual Violence and Misconduct – Students Policy