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Policy Number
3213
Responsibility
VP Academic
Approved
Board of Governors
Previous Name
Sexual Misconduct - Students
Effective Date
March 23, 2017
Amended
November 19, 2020
Context/Purpose

The purpose of this policy is to clearly state the commitment of the Justice Institute of British Columbia (“JIBC” or the “Institute”) to addressing Sexual Violence and Misconduct involving Students through:

  • facilitating a safe and secure learning environment that is free from Sexual Violence and 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 Violence and Misconduct;
  • providing education to the student community about prevention of Sexual Violence and Misconduct; 
  • assisting those who have experienced Sexual Violence or 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 Violence or Misconduct.
Scope

This Policy applies to Sexual Violence or Misconduct involving students at a JIBC campus or learning site, and also to Sexual Violence or Misconduct that takes place off-campus or online where the Student is participating in a JIBC course, program or event, is representing JIBC, or is otherwise engaged in a JIBC-Related Activity.

This Policy may not apply to Disclosures and Complaints of Sexual Violence or Misconduct in the following circumstances:

  • where legislation requires that another process be followed instead of the procedure described in this Policy; or
  • where the alleged Sexual Violence or Misconduct may be dealt with more appropriately in another forum, such as in accordance with the policies and procedures of another organization.

This policy is not intended to supersede or interfere with prevailing laws. Anyone who has experienced Sexual Violence or Misconduct has the right to pursue criminal or civil legal avenues whether or not they choose to proceed under this Policy.

JIBC reserves the right to initiate an investigation and/or to inform the relevant law enforcement agency without the Consent of the person Disclosing or filing a Complaint regarding an incident of Sexual Violence or Misconduct, and/or to take any other action it feels is reasonable and appropriate, if the Institute has a reasonable belief that the safety of a member of the Institute community and/or the broader community is at risk.

Policy Statement

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

All persons who Disclose or file a Complaint regarding an experience of Sexual Violence or Misconduct can expect from the Institute:

  • to be treated with compassion, dignity, and respect;
  • to be respected in their choice as to whether they wish to Disclose or file a Complaint regarding their experience;
  • timely assistance with safety planning;
  • timely information about available support services and resources;
  • discussion of appropriate academic or other accommodations;
  • to be advised of the options for addressing an incident of Sexual Violence or Misconduct, and the limits to confidentiality associated with each option; and
  • if they do decide to file a Complaint, a clear explanation of the investigation and decision process, a procedurally fair and unbiased process, and regular updates on the status of the process.

All persons who are alleged to have violated this Policy can expect from the Institute:

  • to be treated with compassion, dignity, and respect;
  • timely information about available support services and resources;
  • to be advised of the options available to them; and
  • if a Complaint is filed, a clear explanation of the investigation and decision process, a procedurally fair and unbiased process, and regular updates on the status of the process.
Definitions

Academic Accommodation – A change or alteration in the physical environment, or an adaptation of teaching, assessment or evaluation procedures.

Complainant – An individual who files a Complaint. In some instances, the College may act as a Complainant where it becomes aware of allegations of Sexual Violence or Misconduct 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 Sexual Violence or 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 Violence or Misconduct or who has been a witness to Sexual Violence or Misconduct. 

Consent – Permission for something to happen or agreement to do something. For the purpose of this Policy, Consent is 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. 

Dean – The administrative head of a JIBC School. 

Director of Student Affairs – JIBC’s Director of Student Affairs and Registrar.

Disclosure – The communication to an Institute employee of an experience of Sexual Violence or Misconduct. Disclosure on its own does not initiate an investigation, except where required by this policy.  

Investigator – A person appointed by the Institute to investigate a Complaint.

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. 

Manager – A person employed or engaged by JIBC who is responsible for managing one or more programs.

Respondent – An individual who is alleged to have engaged in conduct that violates this Policy.

Sexual Violence or Misconduct – Violence or misconduct of a sexual nature, as defined below.

Student – A person the Registrar recognizes as being 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.

Sexual Violence and Misconduct Prohibited

Sexual Violence or Misconduct of any kind is prohibited by all members of the Institute, including Students.

Sexual Violence and Misconduct 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:

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

a.    a range of unwelcome sexual activities including oral contact (kissing), groping, touching, oral sex, vaginal or anal penetration and/or other forms of penetration;

b.    sexual contact that is forced, manipulated, or coerced by a partner, friend, acquaintance, or stranger; 

c.    the use of alcohol and/or drugs by a person to control, overpower or subdue a person for purposes of sexual contact; and

d.    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);

2.    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:

a.    sexual solicitations, advances, remarks, suggestive comments and gestures (including songs and chants);

b.    the inappropriate display of sexually suggestive pictures, posters, objects or graffiti;

c.    aggressive comments and slurs of a sexual nature on any form of social media;

d.    threatening or obscene gestures; 

e.    physical contact of a sexual nature; and

f.    sexual conduct that interferes with an individual’s dignity or privacy;

3.    stalking, which is a form of criminal harassment which includes behaviours 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:

a.    non-consensual communication (face to face, phone, email, social media); 

b.    surveillance; 

c.    sending unsolicited gifts; 

d.    “creeping” via social media/cyberstalking; and 

e.    uttering threats;

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

5.    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:

a.    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

b.    the observation or recording is done for a sexual purpose;

6.    sexual exploitation, which includes a person misusing power or trust for a sexual purpose;

7.    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;

8.    the attempt to commit an act of Sexual Violence or Misconduct; and

9.    the threat to commit an act of Sexual Violence or Misconduct.

Procedures

JIBC recognizes the significant impact that Sexual Violence and Misconduct can have on an individual. Where an individual Discloses or files a Complaint of Sexual Violence or Misconduct involving a Student, or where JIBC learns of an incident of Sexual Violence or Misconduct involving a Student by a means other than a Disclosure or Complaint, JIBC will follow Procedure 3213-001 to this Policy.  JIBC will provide its Students with support, services and/or referrals as appropriate.

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. 

Employee Awareness

In order to be able to assist Students who may disclose an incident of Sexual Violence or Misconduct, employees should familiarize themselves with this policy and procedure. 

Confidentiality and Documentation

1.    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.

2.    JIBC may disclose information relating to allegations of a breach of this Policy in certain circumstances, including but not limited to where:

a.    necessary to ensure the requirements of 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.

3.    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.

4.    All documentation related to a Decision, President’s Decision or Appeal under this Policy will be kept in the Official Student Record and stored in accordance with the Student Records Policy.

No Retaliation

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

a.    reporting any alleged violation of this Policy or any other relevant Provincial or Federal legislation;

b.    having participated or co-operated in an informal process or investigation under this Policy; or

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

2.    Anyone who engages in such retaliation will be subject to Disciplinary or Corrective Measures up to and including suspension or expulsion from JIBC.

3.    Where an investigation under this Policy determines that a Complaint was frivolous, vexatious or vindictive in nature, the Institute will take appropriate disciplinary action.

Related Policies and Procedures