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Last approved: Fri, 24 Nov 2023 00:49:59 GMT

Last edit: Fri, 24 Nov 2023 00:49:56 GMT

 
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Administrative
Sexual Violence and Misconduct
210
November 22, 2023
November 22, 2023
November 2023
November 2026
Board of Governors
President
Administrative Policy Committee
Safety, Security, Risk and Privacy

Policy

Does this policy have procedures?
Yes

Procedures

References and Resources

 
Term Description
Accommodation The provision by the College of reasonable and appropriate academic, workplace or other measures that:

- are provided to a member of the College Community affected by Sexual Violence or Misconduct;
- are designed to meet that person’s needs resulting from an incident of Sexual Violence or Misconduct; and
do not infringe on the rights of others.
Examples of academic accommodation in teaching or evaluation procedures may include providing an extension on an assignment, deferring an exam, authorizing withdrawal from a class without penalty or allowing continuing studies from home if appropriate.
Advisor An individual with knowledge of College policies and principles who provides guidance on College procedures to either a Survivor or a Person Accused. An advisor may be the Arbiter of Student Issues, a CUPE or VCCFA representative, or People Services representative.
Balance of probabilities The standard of proof upon which a decision is based indicating that one accounting of facts is more likely to have occurred than another when a Report of Sexual Violence or Misconduct is made.
College Member All current VCC Students, Employees, and Board members.
College-Related Activity An activity occurring on College property, at College sanctioned events, or under the authority of the College at another location. The activity must have a real and substantial connection to the College, or College-related functions, whether it occurs on campus, at an external location, or online.
Complainant An individual who experiences an alleged incident of Sexual Violence or Misconduct, and seeks resolution, support, or assistance through this Policy and associated Procedures.
Consent An active, voluntary, conscious, and ongoing choice and agreement between people to engage in sexual activity. It is the responsibility of the person initiating or pursuing sexual activity to obtain consent at all stages of sexual engagement. More specifically, consent:

Is explicit and freely given. It cannot be assumed or based on a perception that it was implied;
Cannot be given by someone who is incapacitated (by drugs and/or alcohol), asleep, unconscious, or otherwise incapable of providing consent;
Can be withdrawn at any time, regardless of whatever other sexual activities have taken place;
Can never be obtained through threats, intimidation, coercion, or other pressure tactics;
Cannot be obtained if someone abuses a position of trust, power or authority; and
Cannot be assumed from previous consent to the same or similar activities.
Disclose, Disclosure, or Disclosing The sharing of information by a College Member regarding an incident of Sexual Violence or Misconduct with another College Member. A Disclosure does not initiate an investigation unless a Report is made.
Employee An individual who is currently employed by VCC on a full-time, part-time, permanent, temporary, term, casual or contract basis.
Interim Measures The temporary provisions that may be placed on a Person Accused of Sexual Violence or Misconduct by the College. Interim Measures are designed to limit contact between the Complainant and Respondent while an investigation is conducted, and are not intended to be punitive in nature.
Investigation The formal process carried out by the College to examine and verify the events described in a Report, as set out in the Procedures.
Person Accused/Respondent The individual who is alleged to be responsible for causing harm by committing Sexual Violence or Misconduct in a Disclosure or Report.
Procedural Fairness and Natural Justice The principles ensuring that a dispute is fairly decided. If a Report is made both the Complainant and Respondent(s) have equal rights to the following:

a. Notice;
b. Disclosure;
c. An opportunity to present one’s case;
d. An opportunity to respond;
e. An advocate
f. Have all relevant information considered;
g. Legitimate expectations;
h. An impartial and unbiased decision maker;
i. A sufficiently detailed, reasoned, timely and written decision; and
j. A reasonable and timely process.
Report or Reporting Making a formal statement to the Director of Safety, Security, Risk and Privacy, or their designate, regarding an incident of Sexual Violence or Misconduct with the intention of initiating an investigation.
Sexual Misconduct For the purpose of this Policy, Sexual Misconduct or sexual violence is behaviour, or action, and/or a continuum of behaviour and/or action that includes, but is not limited to:

Sexual Assault: Any non-consensual or unwanted sexual contact, including but not limited to, oral contact (kissing), touching, genital contact, tampering with contraceptives, penetration, and/or any threatening behavior that gives a person reasonable cause to believe that they are at risk of any kind of sexual violence.

Sexual Exploitation: Touching, directly or indirectly, with a part of the body or with an object, any part of the body of a young person for a sexual purpose. Or inviting, counselling, or inciting a young person to touch, directly or indirectly, with a part of the body or with an object, the body of another person.

Sexual Harassment: Conduct of a sexual nature by a person who knows or ought reasonably to know that such behavior is unwanted or unwelcome, which leads to or implies employment or academic consequences of the person harassed, interferes with a person’s participation in a College Related Activity, or creates an intimidating, hostile or offensive working or educational environment. Examples of sexual harassment include, but are not limited to:
- Demanding a hug, kiss, date or sexual contact;
- Unwanted touching or demanding/asking to be touched;
- Use of derogatory language, sex-specific derogatory names, and/or comments related to a person’s sexual appearance, characteristics or behavior;
- Sexual jokes, including jokes or material circulated by email;
- Spreading sexual rumours;
- Bragging about sexual prowess;
- Distributing and/or displaying sexually explicit images of self or others to a person who has not consented to being a recipient of the images;
- Unwanted questions about sexual history.

Stalking: Actions by a person that cause another person to reasonably fear for their safety or the safety of anyone known to them. Stalking consists of a person:
- Repeatedly following another person or anyone known by that other person from place to place;
- Repeatedly communicating directly or indirectly with another person or anyone known by that other person;
- Cyber stalking
- Watching another person’s home, commute, work location, classroom locations, or anywhere else a person known by that other person happens to be; and/or
- Engaging in threatening conduct directed at another person or any member of that person’s family.

Indecent Exposure: The non-consensual exposure of one’s genitals to another person for a sexual purpose.

Voyeurism: The surreptitious observation or recording of a person who is in circumstances that give them a reasonable expectation of privacy, where the person could reasonably be expected to be nude or engaging in sexual activity; or where the observation or recording is done for a sexual purpose.

Coercion: Unreasonable and persistent pressure for sexual activity. The use of emotional manipulation, blackmail, threats to the Survivor (including those to family, friends, or pets), or the promise of rewards or special treatment, to persuade someone to do something they do not wish to do.
The sharing of sexually explicit materials, including but not limited to photos, videos and audio recording, either authentic or computer generated, without the consent of the individual(s) depicted.
The attempt to commit an act of Sexual Violence or Misconduct.
The threat to commit an act of Sexual Violence or Misconduct.
Student A person who is registered in a full-time or part-time credit or non-credit course offered by VCC. Persons are still considered a student if they withdraw after allegedly violating the Student Non-Academic Conduct Policy or have been subject to involuntary withdrawal. Those who are not officially enrolled for a particular term but who have a continuing relationship with VCC or who have been notified of their acceptance for admission are also considered students.
Vexatious Report A Report is considered vexatious when it is possible to demonstrate that the Report is without basis and that it was made with an intention to cause annoyance, embarrassment, or distress.
Survivor A member of the College community who has experienced Sexual Violence or Misconduct. Survivors who choose to Report may also be referred to as Complainants.
VCC Policies Policy Number
Appropriate and Responsible Use of Educational and Information Technology 505
Freedom of Information and Protection of Privacy 501
Off-Campus Activity Involving Students 415
Prevention of Harassment, Discrimination, and Bullying 201
Standards of Employee Conduct & Conflict of Interest 202
Student Appeal of Suspension to Board of Governors 320
Student Non-Academic Conduct 324
Violence Prevention 211
Whistleblower 203
Provide links to all supporting documents. These may include links to Appendices, Forms, Guidelines, Handbooks, Standards or other departmental or College resources that support the implementation of this policy and/or procedures.
Are there appendices for this policy?
Yes
 
Are there associated forms?
No
 
Are there supporting internal documents?

 

Rationale and Additional Information

Does this change require an implementation plan?
No

ADMINISTRATIVE INFORMATION

FOR ADMINISTRATIVE PURPOSES ONLY. DO NOT EDIT. These fields are not required for governance approval.

Category 1: College Operations

 
Safety, Security, Risk & Privacy

Category 2: Employees

 
Health & Safety

Category 3: Students

 
Safety & Security
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