Sexual Misconduct Policy
Definitions
Sexual Misconduct is defined as any of the following:
● Sexual Assault
● Sexual Exploitation
● Sexual Harassment
● Stalking
● Indecent Exposure
● Voyeurism
● 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 photo or video.
● The Attempt to Commit an Act of Sexual Misconduct
● The Threat to Commit an Act of Sexual Misconduct
A Disclosure or Complaint is when the victim/survivor chooses to tell someone at the institution of an incident of sexual misconduct in order to seek support but may not want to make a report to police.
A Report is a formal notification of an incident of sexual misconduct to someone at the institution accompanied by a request for action. A report can be made by anyone, but not limited to the victim/survivor.
Policy
1. Capital College takes all disclosures, complaints, and reports of sexual misconduct seriously and will respond to them thoroughly and expeditiously, providing appropriate accommodations to the victim/survivor as needed.
2. A student making a complaint of sexual misconduct will be provided with resolution options and, if appropriate, accommodation, and will not be required or pressured to make a report.
3. It is contrary to this policy for this institution to retaliate, engage in reprisals or threaten to retaliate in relation to a Complaint or a Report.
4. Any processes undertaken pursuant to this policy will be based on the principles of administrative fairness. All parties involved will be treated with dignity and respect.
5. All information related to a Complaint or Report is confidential and will not be shared without the written consent of the parties, subject to the following exceptions:
· If an individual is at imminent risk of severe or life-threatening self-harm
· If an individual is at imminent risk of harming another
· There are reasonable grounds to believe that others in the institutional community may be at significant risk of harm based on the information provided
· Where reporting is required by law
· Where it is necessary to ensure procedural fairness in an investigation or other response to a Complaint or Report.
Procedure
1. The process for making a Complaint about sexual misconduct involving a student is as follows:
a. A complaint or disclosure about sexual misconduct involving a student should be directed to Senior Education Administrator Terry Breck, [email protected], 604-270-7426.
b. The alternate contact, in her absence, will be Carol Zhang, [email protected], 604-270-7426.
2. The process for responding to a Complaint of sexual misconduct involving a student is as follows:
a. The Senior Educational Administrator, or alternate, will meet with the student and provide information and support as the situation demands.
b. If accommodations are required for the safety and security of the student, these will be implemented as much as possible.
c. If the student needs third-party support and assistance, the school will assist with accessing those resources.
3. The process for making a Report of sexual misconduct involving a student is as follows:
a. A report of sexual misconduct must be made in writing and will include a written statement describing the complaint. This report should be directed to Senior Educational Administrator Terry Breck, [email protected], or as an alternate, to Carol Zhang, [email protected].
4. The process for responding to a Report of sexual misconduct involving a student is as follows:
a. Upon receiving a written report of sexual misconduct, the Senior Educational Administrator, or the alternate, will:
i. notify the person providing the report that a response to the report is in progress.
ii. meet with the student, or the person making the report to offer support and to determine what actions, enquiries or investigations may be necessary.
b. If accommodations are required for the safety and security of the student, these will be implemented as much as possible. These may include:
i. Transfer of a student to a different class
ii. Rescheduling, deferral of assignments or tests
iii. If the alleged perpetrator or the victim/survivor is an employee, administrative leave or work from home or other interim measures may be taken during an investigation.
c. Except in circumstances where there is a serious safety risk to others, and/or the school has a legal obligation to act, the victim/survivor will be the one to determine what, if any, police reporting actions to pursue.
d. Any investigations will be conducted with sensitivity and discretion. The school is not mandated to make criminal investigations; however, it does have the responsibility to ensure a safe environment, regardless of whether a criminal investigation is undertaken.
e. The person making the report may withdraw the report, but the school may continue to act on the matter if it is deemed necessary to protect students.
a. Depending upon the nature of the report, if it is determined that a third party or outside agent should conduct an investigation, this will be arranged as quickly as possible.
b. A written Response to the Report will be provided to the student within 30 days of receipt of the written complaint.
c. The school will implement any actions or corrective measures recommended in the Response to the Report.
Resources
24 Hour Crisis and Information Line: 604-255-6344
WAVAW Rape Crisis Centre: WAVAW Connect text: 604-245-2425
Be More Than a Bystander is BC Program to create awareness and urge everyone to “Break the Silence on Violence against Women”.