Discrimination and Harassment - Students

Scope

This procedure forms part of JIBC’s Discrimination and Harassment – Students Policy (the “Policy”) and should be followed and applied in relation to all Complaints and Disclosures of Discrimination and/or Harassment involving a Student or Visitor under the Policy. Terms not otherwise defined in this procedure are as defined in the Policy.

Procedural Guiding Principles

The Policy and procedure are implemented with a purpose of maintaining an environment of equity, diversity, inclusion, mutual respect, civility, honesty, and accountability at JIBC. Allegations of Discrimination or Harassment that are not resolved informally will be investigated in a procedurally fair manner. Where Discrimination or Harassment is found to have occurred, JIBC will apply Disciplinary or Corrective Measure(s) as appropriate, up to and including suspension and/or expulsion from the Institute. A student who is found to have breached the Policy has a right to appeal.

This procedure does not replace the need for all JIBC employees to take all measures necessary to ensure the safety of Students, Employees and Visitors. Where there are reasonable grounds to believe there is a risk of harm, injury, intimidation or serious disruption as a result of the presence of a Student or Visitor, the Student or Visitor may be asked to leave JIBC property immediately and/or pending and during an investigation. Any conduct by any individual including a student that gives rise to risk or safety concerns should be directed to security personnel or 9-1-1.

Institution-Initiated Investigation

The Institution may become aware of situations where an Institution-initiated Investigation may be warranted, including, but not limited to circumstances where:

• allegations are made about a Student, Visitor, or Employee by an individual who is not, or is no longer, a JIBC Student;
• one or more individuals disclose experiences of Discrimination and/or Harassment involving one or more individuals within a group/organizational environment; or
• there is a need to Investigate in order to comply with the reporting requirements of regulatory and/or professional licensing bodies.

Any Institute-initiated investigations will follow the same process, outlined below, as a Complaint received by JIBC.

Time Limitations

A student who wishes to pursue a concern arising from alleged Discrimination and/or Harassment may submit a Complaint in writing within one (1) year of the latest alleged occurrence.

The Decision-Maker(s) has the discretion to waive the one (1) year time restriction where there are extenuating circumstances.

Making a Disclosure or Complaint of Discrimination and/or Harassment

Process Options

Anyone who experiences or witnesses Discrimination and/or Harassment involving a Student, or who has reason to believe that Discrimination and/or Harassment involving a Student has occurred or may occur, may pursue any of the following options (or pursue more than one option simultaneously):

• seeking support and accommodation options;
• dispute resolution (direct or facilitated);
• making a formal Complaint to the Institute;
• making a criminal report; and/or
• external options, such as when the Student also has procedural avenues outlined by an employer or licensing body.

Prior to pursuing one of the options below, Students should read the section on Confidentiality. It is important to be aware that, depending on the circumstances of the incident disclosed, JIBC may be obliged to:

• conduct an investigation into violence risk;
• initiate an Institution-led investigation of the incident regardless of whether or not the individual making the disclosure chooses to participate in the process; and/or
• notify local police services of the allegation and name of the individual who is the subject of the allegation and/or contact other relevant agencies to fulfill legal obligations.

Seeking Support and Accommodation Options

Support and accommodations are available to any member of the JIBC Community who has experienced or witnessed Discrimination and/or Harassment, including the Respondent.

If the Complainant does not wish to make a Complaint, the individual can still access a wide range of support and accommodation services such as counselling, medical attention, and/or Academic Accommodation, where required and reasonably possible.

The Institute will provide academic and non-academic supports or accommodation where required and reasonably possible. The Institute may require additional information to provide accommodation and/or support requests.

In general, support and accommodation will be coordinated by the Senior Manager of Student Success and Inclusion (“Senior Manager SSI”) in accordance with Procedure 3209-001 Accommodation of Students with Disabilities.

Interim measures involving support and accommodation may be implemented. Interim Measures are not a Disciplinary or Corrective Measure and do not represent a finding of guilt.

Dispute Resolution

If a Student believes they have been subjected to Discrimination and/or Harassment, they may wish, but are not obliged, to make their objection or unease known to the person in order to resolve the issue directly prior to seeking facilitated resolution or making a formal Complaint. Where students feel confident or comfortable in doing so, they should:

• communicate disapproval in clear terms to the person(s) whose conduct or comments are offensive; and
• keep a written record of the date, time, details of the conduct, and witnesses, if any.

In situations where it is believed that addressing the other person could lead to an escalation of the conduct, or to safety risks, this approach is not recommended.

If dealing directly with the person is not an option or is unsuccessful, the Student may seek the confidential advice of someone from JIBC Student Affairs, or program staff in the JIBC Academy, Centre, or Division.

Facilitated Resolution

In certain circumstances, a Complainant and Respondent may be interested in attempting a resolution of a Complaint at any time before a formal Complaint is made or an Investigation is conducted.

In order for a facilitated resolution to be considered a viable option, the Complainant and the Respondent must both agree to:

• attempt to reach a resolution in good faith;
• the methods to be used to seek resolution; and
• the terms of what would constitute resolution.

A meeting between the Complainant and the Respondent will not be a requirement for a facilitated resolution.

A facilitated resolution may include fact-finding discussions, clarification of the issues, facilitated conversations, mediation, coaching, voluntary no contact agreements, reconciliation, and/or restoration processes.

Making a Formal Complaint to JIBC

Any person who experiences or witnesses Discrimination and/or Harassment involving a Student may make a formal Complaint to JIBC.

A disclosure can be made to the Director of Student Affairs, the Senior Manager SSI, or any Faculty or Employee of JIBC the person feels comfortable making it to. Any Faculty or Employee who is approached by a Student who wishes to file a Complaint should seek advice from the Senior Manager SSI or the Director of Student Affairs on how best to support the Complainant. If the Complaint involves a JIBC Employee, the Complaint may also be made to the Director of People & Culture.

A Complaint may be submitted to a Decision-Maker(s) by email, mail, fax, or in-person. Complainants may contact the Senior Manager SSI for the relevant Decision-Maker(s)’ contact information, if needed.

The Complaint should be in writing and include all relevant details regarding the alleged Discrimination and Harassment, including the name(s) of the Complainant(s); a description of the action(s), conduct, event or circumstances; date, time and place of incident(s); name(s) of witnesses; any prior attempts to resolve the situation, remedy sought, and any relevant documents, including any social media communications. The Complainant may request assistance in providing a written Complaint.

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

Complainants may withdraw from the Complaint proceedings at any time by notifying the Decision-Maker(s) in writing. However, JIBC’s responsibility to provide an environment free from Discrimination and Harassment may obligate the Institute to proceed regardless of the Complainant’s withdrawal.

Where a Complaint is made is against a Decision-Maker, it shall be submitted to the Decision-Maker’s supervisor.

Complaints shall be treated in strict confidence by JIBC.

Making a Criminal Report

A Student may have the right to pursue another process in connection with alleged Discrimination and Harassment, such as reporting the matter to the police, initiating a civil action, or filing a complaint under the BC Human Rights Code.

If another process is pursued, the Institute may elect to continue with the process under this Policy, or to suspend the process under this Policy pending the outcome of the other process

Other External Options

Individuals may exercise other options external to the JIBC according to reporting requirements of relevant regulatory and/or professional licensing bodies.

Interim Measures

The Institute reserves the right to implement interim measures as it considers appropriate to protect the safety of the JIBC Community or any of its members during an evaluation of a Complaint or pending the completion of an Investigation. Such measures may include, but are not limited to:

• limiting contact between individuals involved in a Complaint;
• altering the course schedule of any Student involved in a Complaint; and/or
• if applicable, enforcing temporary, non-disciplinary, leaves.

JIBC will attempt to minimize the impact of any interim measures on all individuals involved in the Complaint and will strive to implement the least disruptive measures required to promote safety and security that do not unreasonably restrict the rights of the individuals involved.

JIBC will regularly assess the effectiveness of implemented interim measures. This may involve scheduled check-ins with the parties involved to evaluate the measure’s impact and determine if adjustments or removal are appropriate. These check-ins are not intended to be disciplinary action imposed upon any involved party.

JIBC’s Response to a Complaint

The following procedures will comply with the principles of natural justice and fairness. This means that all parties to the Discrimination and Harassment Complaint, including the Complainant, Respondent, and witnesses, will be given the opportunity to fully explain what happened from their perspective, and to have their explanations and concerns fully considered.

Initial Review

1. Upon receipt of a Complaint, the Decision-Maker(s) will conduct an initial review to determine whether the allegations in the Complaint fall within the scope of this Policy, or whether they are more appropriately addressed under another JIBC policy such as Policy 3213 Sexual Violence and Misconduct – Students, or Policy 3205 Student Code of Conduct, in which case the Complaint will be referred to the appropriate person under that policy.
2. If the Decision-Maker(s) determines that the Complaint falls within the scope of this Policy, the Decision-Maker(s) will do one of the following:
   1. refer the matter to the facilitated resolution process described below; or
   2. initiate a formal resolution process by appointing someone to investigate the Complaint as outlined below.

Decision to Not Investigate

1. In some circumstances, a decision may be made to not investigate. The decision will be communicated in writing, with reasons, to the Complainant by the Decision-Maker(s). The Complainant will be informed of their right to make a written request for review of the decision to the Vice-President, Academic (“VPA”).

Facilitated Resolution of a Complaint

1. Where appropriate, the Decision-Maker(s) may recommend that the Complaint be referred to a facilitated resolution process. Discussion and clarification of expectations can be an effective way to resolve situations and prevent escalation of inappropriate behaviour. Both the Complainant and the Respondent must agree to the facilitated resolution process.
2. Documentation related to facilitated resolution will not be kept in the Official Student Record.

Formal Resolution of a Complaint

If the seriousness of the Complaint is determined to be out of scope for a facilitated resolution, there is not mutual agreement to try the facilitated resolution process, or when a facilitated resolution is unsuccessful in resolving the Complaint, the formal resolution process and investigation is followed.

Investigation

1. Throughout any investigation JIBC will take all reasonable steps to ensure the safety of the Students and the JIBC Community.
2. Once an Investigation is initiated, the Decision-Maker(s) will provide a copy of the Complaint to the Respondent and request a written response within a specified timeline. If there is more than one Respondent, each will be asked to provide a response. This timeline may be extended at the discretion of the Decision-Maker(s), based on a reasonable request from the Respondent(s). As JIBC is committed to transparency, accountability, and confidence in the investigation process, the Decision-Maker(s) will strive to provide regular updates to the parties involved in a Complaint and promptly notify them of any case-related delays.
3. The Decision-Maker(s) will appoint an impartial and appropriately qualified investigator (the “Investigator”) and provide the Investigator with a copy of the Complaint, the written response(s) of the Respondent(s), and the terms of reference for the investigation. The Investigator should be a person who has had no prior dealings with the Complainant or Respondent.
4. The Investigator will carry out an investigation in a procedurally fair manner, using a process determined by the Investigator. The investigation may include, but is not limited to, interviewing the Respondent(s) and providing the Respondent(s) with an opportunity to respond to the allegations in the Complaint, interviewing any other individual the Investigator determines necessary, and reviewing any documents or other evidence the Investigator considers relevant. The Respondent(s) may bring a support person or an advocate to the interview.
5. Both the Complainant and the Respondent are expected to participate in the Investigation process outlined above in a timely manner. Where a party is unable or unwilling to participate, the Investigation may proceed based on the information available. In such circumstances, the Decision-Maker(s) may draw reasonable inferences, where appropriate, having regard to the circumstances and any explanation provided for the lack of participation.
6. Pending determination of the Complaint, the Decision-Maker(s) may implement Interim Measures, as outlined above. Such action will not be seen as presumption of guilt or innocence. Where appropriate, the Decision-Maker(s) will consult with a Respondent’s Dean or Director before implementing any Interim Measures.
7. When the investigation is complete, the Investigator will provide the Decision-Maker(s) with a written report of the Investigator’s findings of fact (the “Findings”).
8. The Decision-Maker(s) will meet with the Respondent(s), review the Findings, and provide the Respondent(s) with the opportunity to make representations on whether the Policy has been violated. The Decision-Maker(s) shall decide, on a balance of probabilities, whether the alleged violation of the Policy has occurred and whether Disciplinary or Corrective Measure(s) should be imposed.
9. If the Decision-Maker(s) determines that the Respondent(s) has not violated the Policy, the Decision-Maker(s) will notify the Respondent(s) in writing and no Disciplinary or Corrective Measure will be imposed. If the Decision-Maker(s) determines that the Respondent(s) has violated the Policy, the Decision-Maker(s) will consider and determine the appropriate Disciplinary or Corrective Measure(s) to be imposed or recommended. Where appropriate, the Decision-Maker(s) will consult with a Respondent’s Dean before imposing or recommending any discipline on the Respondent.
10. The Decision-Maker(s) will inform the Complainant of the outcome of the proceedings and any disciplinary or corrective measures as outlined below.

Bad Faith Complaints

1. Where a Complaint is determined to be made in bad faith, or is of a frivolous, vindictive, or vexatious nature, JIBC will take appropriate action, which may include responding according to this Policy. A Complaint that has not been substantiated by an investigation does not by its nature mean that the Complaint was made in bad faith, or that there was a deliberate false allegation. Where the Complainant may have genuinely had reason to believe that there was Discrimination and Harassment, no bad faith exists.

Disciplinary or Corrective Measures

1. A Student who is found to have engaged in Discrimination and/or Harassment may be subject to one or more of the Disciplinary or Corrective Measures outlined in Procedure 3205-001 Student Code of Conduct, as determined by the Decision-Maker(s). All Disciplinary or Corrective Measures will become part of the Official Student Record.
2. In determining the appropriate Disciplinary or Corrective Measure(s), the Decision-Maker(s) will take into consideration whether the Student has any previous Disciplinary or Corrective Measures on their record, the nature and seriousness of the Policy violation, the context in which the Discrimination and/or Harassment occurred, whether the Student has previously engaged Discrimination and/or Harassment, and any other relevant or exacerbating factors identified in the Investigation.

Decision to Suspend or Expel

1. Only the President has the power to suspend or expel a Student.
2. If the Decision-Maker(s) recommends suspension or expulsion, the Decision and the Decision-Maker(s)’s recommendation will be provided to the President for review and final determination.
3. The President will review the Decision and the Decision-Maker(s)’s recommendation, and may either:
   1. suspend or expel the Student, as recommended by the Decision-Maker(s) or as otherwise determined appropriate by the President; or
   2. return the matter to the Decision-Maker(s) for reconsideration, with recommendations or directions.
4. The President will notify the Student in writing of the President’s decision (the “President’s Decision”). A copy of the President’s Decision will be provided to the JIBC Board of Governors (the “Board”).

Notification of Outcome

Respondents

1. The Respondent(s) will receive a written decision (the “Decision”) from the relevant Decision-Maker(s) that will include:
   1. the decision with respect to a finding or no finding of violation of the Policy;
   2. reasons for the decision; and
   3. a summary outlining the findings.
2. If the outcome is no finding of violation of the Policy, the matter will be closed.
3. If the outcome is a finding of violation of the Policy, the Respondent(s) will be informed of the process by which Disciplinary and/or Corrective Measures will be recommended or ordered; and where relevant, confirmation of any Interim Measures that will remain in place until Disciplinary and/or Corrective Measures are imposed.

Complainants

Within the constraints of confidentiality for the Respondent, the Complainant will be informed of the findings and rationale related to their Complaint.

The Complainant will be informed of any Disciplinary or Corrective Measures that directly impact their personal experience or their learning environment.

Regulatory/Professional Licensing Bodies

1. Where required by a regulatory/professional licensing body, the relevant findings will be communicated to the professional licensing body.

Other Affected Parties

1. Other affected parties may be informed about the findings and/or any Disciplinary and/or Corrective Measures that have a direct impact on them as required and within the constraints of confidentiality for all parties.

Appeals

Appeal Process (Excluding Suspension or Expulsion)

1. Where there is a finding that a Student has engaged in Discrimination and/or Harassment, but where any Disciplinary or Corrective Measure(s) imposed on the Student do not include suspension or expulsion, the Student may appeal the Decision to the VPA on one or more of the following grounds (the “Grounds For Appeal”):
   1. a breach of procedural fairness in the investigation or decision-making process;
   2. the Disciplinary or Corrective Measure(s) imposed were unreasonable; and/or
   3. new material evidence that was not reasonably available at the time the Decision was made has become available, and casts substantial doubt on the reasonableness of the Decision and/or the Disciplinary or Corrective Measure(s).
2. To commence an appeal (the “Appeal”), the Student must deliver a Notice of Appeal that includes all of the information indicated below, to the Registrar’s Office by email, mail, fax, or in person within ten (10) business days of notification of the Decision. Failure to do so within that timeframe will result in the Student forfeiting any right to Appeal.
3. The Student’s Notice of Appeal must include all of the following:
   1. a copy of the Decision;
   2. a statement from the Student identifying one or more of the Grounds For Appeal upon which the Appeal is based;
   3. detailed submissions explaining the basis for the Appeal including identifying and attaching any relevant supporting evidence;
   4. the resolution sought;
   5. any other information or supporting documentation that the Student believes is relevant to the Appeal; and
   6. contact information for the Student.
4. Should the Student require accommodation for a disability in the Appeal process, the Student must notify the Registrar’s Office at the same time as filing the Notice of Appeal and provide medical documentation setting out the Student’s medical restrictions or limitations that are relevant to the Appeal process.
5. During the Appeal process, all Disciplinary or Corrective Measure(s) will remain in effect.
6. The Registrar’s Office will determine if the Notice of Appeal contains the required elements. Where the Notice of Appeal is incomplete, it will be returned to the Student with identified gaps. Where the Student submitted an incomplete Notice of Appeal within the required deadline for filing a Notice of Appeal, the Registrar’s Office may, at its discretion, allow the Student additional time to revise and resubmit the Notice of Appeal.
7. Where the Registrar’s Office receives a completed Notice of Appeal within the required timeframe, the Registrar’s Office will provide the Notice of Appeal to the VPA for decision.
8. The VPA will review the Notice of Appeal and determine if the Appeal can be decided based on the information in the Notice of Appeal alone, or if further submissions and/or an oral hearing is necessary to decide the Appeal.
9. If the VPA determines that further submissions and/or an oral hearing is necessary, the VPA will notify the Student, the Decision-Maker(s), and any other person whom the VPA decides would be appropriate to have involved in the Appeal (collectively the “Parties”), of the procedure that will be followed in considering and determining the Appeal.
10. The VPA may appropriately consider alternative models of Appeals in order to prioritize the well-being of the Complainant and avoid re-traumatization. This includes restorative justice-based approaches of dialogue and mediation focused on healing, repair, and accountability rather than a hearing. JIBC and the VPA will involve all interested parties, including the Complainant, to determine the appropriateness of the alternative models and to ensure that they are procedurally fair to the Respondent.
11. The VPA will complete the Appeal process in a timely manner, after notifying the Parties of the process that will be followed.
12. At the conclusion of the Appeal process, the VPA will deliver a written decision on the Appeal (the “Appeal Decision”) to the Student and the Decision-Maker(s).
13. The Appeal Decision may:
    1. uphold the Decision;
    2. reverse the Decision and cancel any Disciplinary or Corrective Measure(s) imposed on the Student;
    3. return the matter to the Decision-Maker(s) for reconsideration, with recommendations or directions; or
    4. vary any Disciplinary or Corrective Measure(s) imposed on the Student.
14. The Appeal Decision is final.

Appeal Process (Suspension or Expulsion)

1. Where Disciplinary or Corrective Measure(s) imposed on a Student include suspension or expulsion, the Student may appeal the President’s Decision to the Board. To do so, Students should refer to the Student Appeal Procedure in the JIBC Board of Governors Handbook.

Support and Resources

Support During Investigations

JIBC will make counselling services available to any Students involved in Complaints who request counselling.

Other Resources

Other resources – both on and off campus – are available for information and support.

On Campus

• Campus Security, 604-528-5999
• Director of Student Affairs, 604-528-5787
• Senior Manager of Student Success and Inclusion, 604-528-5884

Off Campus

• Local police jurisdiction, 9-1-1.
• BC Human Rights Commissioner
• BC Human Rights Protection
• BC Information and Privacy Commissioner
• BC Ombudsman
• Canadian Human Rights Commission
• Universal Declaration of Human Rights
• VictimLinkBC: 1-800-563-0808 (call toll-free or text, available 24/7)
  Email: VictimLinkBC@bc211.ca
  Provides information and referral services to all victims of crime and immediate crisis support to victims of family and sexual violence, including victims of human trafficking exploited for labour or sexual services.
  People who are deaf, hard of hearing or experience difficulty with speech can use TELUS IP Relay. Call 7-1-1 to use this free and confidential service.
  Multilingual service is available in up to 150 languages, including many Indigenous languages. Trained staff can connect you to a network of community, social, health, justice and government resources, including: Victim services, transition houses, counselling resources, information on the justice system, and safety planning resources.
• BC Hate Crimes: 1-855-462-5733 (toll free)
  A provincial resource that provides assistance and support to local police departments investigating hate crimes and hate incidents. Multilingual support is available.
  Email: BC_HATE_CRIMES@rcmp-grc.gc.ca
• BC Mental Health Support Line: 310-6789 (No area code required). Emotional support and resources for mental health & substance misuse.

Related Policies and Procedures

• 3203 Discrimination and Harassment – Students Policy
• 3205 Student Code of Conduct Policy
• 3209-001 Accommodation of Students with Disabilities Procedure
• 3213 Sexual Violence and Misconduct – Students Policy

Documents and Forms

• BC Human Rights Code
• JIBC Board of Governors Handbook