This procedure forms part of JIBC’s Sexual Violence and Misconduct - Students Policy (the “Policy”) and should be followed and applied in relation to all Complaints and Disclosures of Sexual Violence or Misconduct under the Policy. Terms not otherwise defined in this procedure are as defined in the Policy.
PROCEDURAL GUIDING PRINCIPLES
JIBC recognizes that there may be a number of different reasons Students who experience Sexual Violence or Misconduct and witnesses of Sexual Violence or Misconduct may be hesitant to make a Complaint about Sexual Violence or Misconduct. JIBC is committed to supporting Students who experience Sexual Violence or Misconduct, and supporting witnesses who report Sexual Violence or Misconduct involving a Student. JIBC encourages anyone who experiences or witnesses Sexual Violence or Misconduct involving a Student to make a Complaint to JIBC as soon as possible.
JIBC recognizes the serious potential impact on an individual of being accused of Sexual Violence or Misconduct. JIBC is committed to procedural fairness and will respond to, address and investigate Complaints in a fair, unbiased and timely manner.
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 JIBC learns of an incident of Sexual Violence or Misconduct involving a Student by a means other than a Disclosure or Complaint, JIBC will respond, address and investigate in a fair, unbiased and timely manner, and may take any action it feels reasonable and appropriate to:
- mitigate harm or disruption to the Institute, its employees or students, to other members of the JIBC Community, or to the learning or working environment at the Institute; or
- protect the safety of the JIBC Community or any of its members.
Prevention and Response Program
The Institute will establish and maintain a Sexual Violence and Misconduct Prevention and Response Program, which will include but not be limited to the following elements:
- risk assessment and management;
- providing appropriate education and training regarding this Policy;
- establishing procedures for reporting, investigating and documenting incidents of Sexual Violence or Misconduct in a prompt and sensitive manner and in accordance with WorkSafeBC regulations, where applicable;
- notifying members of the JIBC Community who may be exposed to a known risk of Sexual Violence or Misconduct, of the nature and extent of the risk;
- providing appropriate support or referrals to Students who Disclose or file a Complaint under this Policy;
- ensuring that appropriate corrective actions are taken in response to incidents of Sexual Violence or Misconduct;
- preparing statistical reports of Disclosures and Complaints of Sexual Violence and Misconduct and communicating such reports in accordance with applicable legislation; and
- conducting regular reviews to evaluate the effectiveness of this Policy, with reviews occurring in accordance with JIBC’s policy review cycle or as advised by the B.C. government.
Making a Disclosure or Complaint of Sexual Violence or Misconduct
JIBC encourages, but does not require, those impacted by sexual violence to seek immediate assistance. Seeking assistance promptly may be important to ensure physical safety, to obtain medical care or emotional support, or to preserve evidence. Full information on accessing immediate assistance and external and internal resources will be made available.
Anyone who experiences or witnesses Sexual Violence or Misconduct involving a Student, or has reason to believe that Sexual Violence or Misconduct 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;
- making a Disclosure (without a Complaint) to the Institute;
- making a formal Complaint to the Institute; or
- making a report to the police or community victim services.
Seeking Support and Accommodation Options
- Support and accommodation is available to any member of the JIBC Community who has experienced or witnessed sexual misconduct as well as the respondent.
- If a decision is made by the individual who has experienced or witnessed Sexual Violence or Misconduct to make no Disclosure or Complaint, the individual is still able to 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 Learning Support and Disability Resources (“Senior Manager of LSDR”).
- In some situations, support or accommodation may include limiting contact between Students.
- Interim measures involving support and accommodation may be implemented.
Make a Disclosure (without a Complaint) to JIBC
- Any person who experiences or witnesses Sexual Violence or Misconduct involving a Student but does not want to proceed with a Complaint may make a Disclosure to the Director of Student Affairs, the Senior Manager of LSDR, or any faculty or employee of JIBC the person feels comfortable making it to.
- Any faculty or employee who receives a Disclosure should seek advice from the Senior Manager or the Director on how best to support the Student.
- A Disclosure is not the same as a Complaint under this Policy and does not normally serve to initiate an investigation or other process unless JIBC believes one of the following circumstances applies:
- a person is at risk of self-harm or of harming others;
- there is an imminent risk of harm to the JIBC Community and/or the broader community;
- the Disclosure involves Sexual Violence or Misconduct by an employee or representative of JIBC;
- a person under the age of 19 is endangered; or
- disclosure is otherwise required by law.
In these instances, the minimum amount of information needed to meet legal or other obligations will be disclosed, and every effort will be made to involve the person making the Disclosure in decision-making and to mitigate any associated risks. Any faculty or employee of JIBC who is unsure about their responsibility to disclose should seek advice from the Director of Student Affairs or the Senior Manager of LSDR.
- Any person who makes a Disclosure can choose to make a Complaint later, if they wish.
Make a Complaint to JIBC
- Any person who experiences or witnesses Sexual Violence or Misconduct involving a Student may make a Complaint to JIBC.
- A Complaint can be made to the Director of Student Affairs, the Senior Manager of LSDR, 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 or the Director on how best to support the Complainant.
- 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. 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.
Report to Police or Community Victim Services
- Individuals may report their allegations through the criminal justice or victim services system by contacting the local police detachment directly.
- Any individual who chooses this option may contact the Senior Manager of LSDR, the Director of Student Affairs, or Campus Security for assistance in making a report to the police.
- JIBC will cooperate with any criminal investigation.
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 Disclosure or Complaint, or pending the completion of an Investigation. Such measures may include, but are not limited to:
- limiting contact between Students involved in a Disclosure or Complaint of Sexual Violence or Misconduct;
- altering the course schedule of any Student involved in a Disclosure or Complaint of Sexual Violence or Misconduct; 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 Disclosure or Complaint.
JIBC’s Response to a Complaint
1. Upon receipt of a Complaint, the Director of Student Affairs will conduct an initial review to determine whether the allegations in the Complaint fall within the scope of this Policy.
2. If the Director of Student Affairs determines that the Complaint falls within the scope of this Policy, the Director will do one of the following:
a. refer the matter to the informal resolution process described below; or
b. initiate a formal resolution process by appointing an impartial and appropriately qualified Investigator to investigate the Complaint.
Informal Resolution of a Complaint
1. Where appropriate, JIBC will consider an informal resolution of Complaints of Sexual Violence or Misconduct. Discussion and clarification of expectations can be an effective way to resolve situations and prevent escalation of inappropriate behaviour. Upon receipt of a Complaint, the Director of Student Affairs or the Senior Manager of LSDR will determine whether an informal resolution is appropriate. Both the Complainant, and the Respondent must agree to the informal resolution process.
2. Should the Complainant or the Respondent require accommodation for a disability in the Resolution process, the Complainant or Respondent must notify the Director of Student Affairs or the Senior Manager of LSDR and provide medical documentation setting out the Student’s medical restrictions or limitations that are relevant to the Resolution process.
3. A record of any informal resolution may be kept in the Respondent’s Official Student Record.
4. Where an informal resolution is not appropriate or unsuccessful, JIBC will initiate its formal resolution process into the Complaint.
Formal Resolution of a Complaint
1. If JIBC is unable to resolve a Complaint through an informal resolution process, a formal investigation and resolution process will begin. Throughout an investigation JIBC will take all reasonable steps to ensure the safety of the Students and the JIBC Community.
2. If the Director of Student Affairs decides that the Complaint will be investigated, the Director will deliver a copy of the Complaint to the Respondent and ask that the Respondent provide the Director with 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 Director, based on a reasonable request from the Respondent(s).
3. The Director of Student Affairs will appoint an impartial and appropriately qualified 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 may be an employee of JIBC or an external investigator. Where reasonably possible, 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 that will include interviewing the Respondent(s) and providing the Respondent(s) with an opportunity to respond to the allegations in the Complaint. The Investigator may also interview any other individual the Investigator determines necessary, and may review any documents or other evidence the Investigator considers relevant.
5. When the investigation is complete, the Investigator will provide the Director of Student Affairs with a written report of the Investigator’s findings of fact (the “Findings”).
6. The Director of Student Affairs 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, and whether Disciplinary or Corrective Measure(s) should be imposed.
7. After considering the Findings and the Respondent(s) representations, the Director of Student Affairs will determine whether the Respondent(s) has violated the Policy. If the Director determines that the Respondent(s) has not violated the Policy, the Director will notify the Respondent(s) in writing and no Disciplinary or Corrective Measure will be imposed. If the Director determines that the Respondent(s) has violated the Policy, the Director will consider and determine the appropriate Disciplinary or Corrective Measure(s) to be imposed or recommended. Where appropriate, the Director will consult with a Respondent’s Dean before imposing or recommending any discipline on the Student.
8. The Director of Student Affairs will inform the Complainant of the outcome of the proceedings.
Disciplinary or Corrective Measures
9. A Student who is found to have engaged in Sexual Violence or Misconduct may be subject to one or more of the following Disciplinary or Corrective Measures, as determined by JIBC. All Disciplinary or Corrective Measures will become part of the Official Student Record:
a. Warning or reprimand – A written warning or reprimand to the Student.
b. Student Conduct Contract – A formal written contract, signed by the Student to confirm agreement to its terms, specifying conditions and standards of conduct the Student is required to abide by. Failure to meet the requirements of this contract may lead to further Disciplinary or Corrective Measures.
c. Restriction or prohibition of access or use – A prohibition from accessing or using, or conditions imposed on a Student's right to access or use, for a specified period of time, any part or all of the Institute’s lands, equipment, facilities, services, activities, programs, meetings, or events, or those held by, on, or in association with the Institute.
d. Probation – A Student placed on probation will receive a letter making clear the finding of misconduct and stipulating the period of time during which the Student is on probation.
e. Suspension – A Student who is issued a suspension will be suspended from all academic and extracurricular activities at JIBC, and may also be restricted from access to JIBC facilities, for a specified period of time, which will normally be at least one year. The Student must reapply for admission at the end of the period of suspension, and JIBC may stipulate additional requirements for readmission.
f. Expulsion – A Student who is expelled will be removed from all JIBC programs in which the Student is registered, as well as any other activities at the Institute, and restrictions may be placed on the Student’s ability to register in a JIBC course or program in the future.
g. Discretionary Measure – Any other disciplinary or corrective measure that JIBC determines is warranted under the circumstances (e.g., letter of apology, service to the Institute, measures to promote understanding or awareness, etc.).
10. Before determining the Disciplinary or Corrective Measure(s) to impose or recommend, the Director of Student Affairs will determine if the Student has any previous Disciplinary or Corrective Measures on the Student’s record. In determining the Disciplinary or Corrective Measure(s) to impose or recommend, the Director may take into consideration the nature and seriousness of the Sexual Violence or Misconduct, the context in which the Sexual Violence or Misconduct occurred, whether the Student has previously engaged in Sexual Violence or Misconduct, and any other factors the Director considers relevant.
11. If the Director of Student Affairs decides to impose or recommend Disciplinary or Corrective Measure(s), the Director will advise the Student of the Director’s decision in writing (the “Decision”), after the Director’s meeting with the Student to review the Findings. The Decision will set out the allegation of misconduct, the key Findings upon which the Decision was reached, an explanation of the conclusion on how the Policy was violated, any aggravating or mitigating circumstances, and the Disciplinary or Corrective Measure(s) imposed and/or recommended.
Decision to Suspend or Expel
12. Only the President has the power to suspend or expel a Student.
13. If the Director of Student Affairs recommends suspension or expulsion, the Decision and the Director’s recommendation will be provided to the President for review and final determination.
14. The President will review the Decision and the recommendation of the Director of Student Affairs, and may either:
a. suspend or expel the Student, as recommended by the Director of Student Affairs or as otherwise determined appropriate by the President; or
b. return the matter to the Director of Student Affairs for reconsideration, with recommendations or directions.
15. 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”).
Appeal Process (Excluding Suspension or Expulsion)
1. Where a Decision is issued containing a finding that a Student has engaged in Sexual Violence or Misconduct, 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 Vice President Academic (“VPA”) on one or more of the following grounds (the “Grounds For Appeal”):
a. a breach of procedural fairness in the investigation or decision-making process;
b. the Disciplinary or Corrective Measure(s) imposed were unreasonable; and/or
c. 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:
a. a copy of the Decision;
b. a statement from the Student identifying one or more of the Grounds For Appeal upon which the Appeal is based;
c. detailed submissions explaining the basis for the Appeal including identifying and attaching any relevant supporting evidence;
d. the resolution sought;
e. any other information or supporting documentation that the Student believes is relevant to the Appeal;
f. contact information for the Student; and
g. a $25 processing fee, which will be refunded to the Student if the Appeal is granted.
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 Director of Student Affairs responsible for the Decision, 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 will complete the Appeal process in a timely manner, after notifying the Parties of the process that will be followed.
11. 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 Director of Student Affairs.
12. The Appeal Decision may:
a. uphold the Decision;
b. reverse the Decision and cancel any Disciplinary or Corrective Measure(s) imposed on the Student;
c. return the matter to the Director of Student Affairs for reconsideration, with recommendations or directions; or
d. vary any Disciplinary or Corrective Measure(s) imposed on the Student.
13. 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 During Investigations
JIBC will make counselling services available to any Students involved in Complaints who request counselling.
A Student who has experienced Sexual Violence or Misconduct, and who may require an Academic Accommodation, may make a request to the Director of Student Affairs or Senior Manager of LSDR.
Students who have experienced Sexual Violence or Misconduct and make requests for Academic Accommodations will have their requests considered in accordance with JIBC procedures for requesting and granting Academic Accommodations (See Procedure 3209-001 Accommodation of Students with Disabilities.)
NOTE: Students are not required to file a Complaint under this Policy to be eligible to receive an Academic Accommodation.
Other resources – both on and off campus – are available for information and support.
- Campus Security, 604-528-5999.
- Director of Student Affairs, 604-528-5787.
- Senior Manager of Learning Support and Disability Resources, 604-528-5884.
- Local police jurisdiction: call 9-1-1.
- Sexual Assault Service at BC Women's Hospital (Monday - Friday, 9:00 am - 5:00 pm) and Vancouver General Hospital Emergency Department (24 hours/day).
- Fraser Health – Forensic Nursing Services at Surrey Memorial or Abbotsford Regional Hospital
- SMART (Surrey Mobile Assault Response Team) – a 24/7 crisis response team 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.
- Sexual Assault Crisis and Information – WAVAW (Women Against Violence Against Women) (24 hours/day).
- VictimLink BC, a toll-free 24/7 multi lingual 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.
Phone: toll free 1-800-563-0808
- 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: 604-660-3888, toll free 1-866-660-3888
- 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.
- 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: Qmunity 604-684-5307, Prideline toll free 1-800-566-1170, The Centre for Lesbian, Gay, Bisexual, and Transgendered Youth 604-684-6869
- Vancouver Rape Relief and Women’s Shelter – a 24/7 crisis support service.
Related Policies and Procedures
- 3209-001 Accommodation of Students with Disabilities Procedure
- 3213 Sexual Violence and Misconduct – Students Policy