Sexual Violence/Misconduct

Category: Governance
Number: GOV-100-018
Audience: All members of the University community
Issued: September 15, 2015
Revised: May 07, 2019
Owner(s): AVP (Human Resources), AVP (Student Affairs)
Approved by: Board of Governors
Contact: Coordinator (Sexual Violence Prevention and Response) - 306-337-3149; Coordinator (Respectful University Services) - 306-585-5400

Introduction

The University of Regina is committed to creating a safe and healthy working and learning environment that is free from sexual violence/misconduct. This includes educating the campus community about sexual violence/misconduct and consent, mitigating the risk of incidents of sexual violence/misconduct, and responding fairly to disclosures and reports.

This document sets out the University of Regina’s policy on, and response protocol for, allegations of sexual violence/misconduct. Sexual violence/misconduct is the omnibus term used in this policy which includes sexual assault, sexual stealthing, sexual harassment*, stalking, indecent or sexualized exposure, overt/covert public masturbation, voyeurism, cyber sexual violence/harassment; and distribution of an intimate image of a person without their consent.

This policy applies to any person under the University’s direction or who has a relationship with the University and who subjects a student, employee or any other member of the University community to sexual violence/misconduct in the context of a University matter, whether the sexual violence/misconduct is alleged to have occurred on or off University property. This includes: (i) students; (ii) employees (faculty, staff, and student employees); (iii) persons who teach and conduct research at the University; (iv) members of the Senate, Board of Governors or other committees of the University; (v) visitors, guests, coaches, clients, customers, suppliers, and volunteers; and (vi) contractors, subcontractors and/or their employees and any persons under contract to the University.

This policy is the framework for detailed procedures (see Sexual Violence/Misconduct Policy Procedures) designed to provide any person who has a relationship with the University processes and options for disclosure and reporting (including initial assessment, alternate resolution, investigation, adjudication, and appeals).

* If a sexual harassment allegation is made against an employee, the Respectful University Policy and the procedures thereunder will apply. All other sexual harassment allegations will be subject to this policy.

Policy

All members of the University community have the right to work, teach, research, study and otherwise participate in activities connected to the University in an environment that is free from any form of sexual violence/misconduct. All persons have an inherent right to exercise control over their own bodies and to engage only in sexual activity to which they consent. The University will not tolerate behaviour which contributes to a hostile, inequitable and/or unsafe living, learning or working environment. The University expects all members of the University community to abide by this policy in connection with all University matters.

Sexual violence/misconduct can occur between individuals regardless of sexual orientation, gender, gender identity and/or relationship status. Individuals who have been subject to sexual violence/misconduct may experience mental, physical, academic and/or other difficulties. Although sexual violence/misconduct impacts all members of society, sexual violence/misconduct and its consequences may disproportionately affect members of social groups who experience intersecting forms of systemic discrimination or barriers (on grounds, for example, of gender, sexual orientation, gender identity and expression, race, age, religion, Indigenous identity, ethnicity, disability or class).

The University is committed to:

(a) ensuring that those who disclose and/or report incidents of sexual violence/misconduct are given the opportunity to be heard and are supported (including the provision of and/or referral to counselling and medical care, and the provision of appropriate and reasonable academic and other accommodation) and treated with compassion, dignity and respect throughout the process of disclosure and institutional response;
 
(b) recognizing that those who have been subjected to sexual violence/misconduct need to be supported, empowered, and might require different services, resources, and supports at different stages of their recovery process;
 
(c) ensuring that its prevention and response efforts and supports take an anti-oppressive and trauma-informed approach so that all University community members can access these supports and services;
 
(d) ensuring that people who have reported sexual violence/misconduct can choose to participate in the continuum of recovery, investigation, and disciplinary processes;
 
(e) ensuring that people who have reported sexual violence/misconduct can choose culturally relevant processes in regards to alternative resolution and the continuum of recovery for example, traditional Indigenous-centred approaches;
 
(f) addressing sexual violence/misconduct, gendered violence, intersectionality, and rape culture through the Office of Sexual Violence Prevention and Response including by:
  • prevention and awareness programming for the purpose of educating faculty, staff and students;
  • appropriate education, training and processes in regards to responding to the disclosure of sexual violence/misconduct, including how persons subject to sexual violence/misconduct can seek support, resources for survivors, and advice and resources for those to whom survivors have made a disclosure;
  • providing information to the University community about sexual violence/misconduct on campus through the coordinated collection and reporting of data; and
  • contributing to and promoting a culture of consent and caring among all members of the University community;

(g) ensuring natural justice and procedural fairness for respondents during the investigation and adjudication process.

 

Roles and Responsibilities

Associate Vice-President (Human Resources)

  • Where, as a result of a finding in the investigation report, disciplinary action is warranted against an employee of the University, to ensure consistency with action taken in similar cases, the designated authority will consult with the Associate Vice-President (Human Resources) before imposing discipline.

Associate Vice-President (Student Affairs)

  • Provide an annual report to the University Executive Team on disclosures, investigations, and outcomes.
  • Where, as a result of a finding in the investigation report, disciplinary action is warranted against a student of the University, to convene and chair the Adjudication Board to ensure consistency with action taken in similar cases and impose appropriate discipline.

Campus Security

  • When contacted, serve as first responders and initially respond to urgent on-campus calls regarding an alleged incident of sexual violence/misconduct and prepare an incident report.
  • Ensure security and safety of the scene and those immediately involved.
  • Immediately contact and inform the Coordinator, Sexual Violence Prevention Response or designate of the incident.
  • Share information with appropriate parties (Coordinator, Sexual Violence Prevention Response; Coordinator, Respectful University Services; Coordinator, Student Conduct; Associate Vice-President (Student Affairs); Associate Vice-President (Human Resources); and others) as appropriate and in a timely manner.

Contractors, subcontractors, suppliers and other third parties providing services for the University of Regina

  • As part of their contract, will comply with this policy.

Coordinator, Respectful University Services

  • Provide expertise and advice to all levels of management, faculty, staff and students on matters pertaining to discrimination, harassment and a respectful University.
  • When an alleged report of sexual violence/misconduct involves an employee of the university and it is determined the University has the jurisdiction to investigate, lead the investigation.
  • Provide consultation regarding complaints and facilitate appropriate resolutions.
  • Write and/or review the final investigation report prior to submission to the appropriate decision maker.

Coordinator, Student Conduct

  • Assess reports and determine if the University has the jurisdiction to investigate.
  • Lead the investigation team, and assign investigators to reports, as needed.
  • Ensure the investigation team is trained in trauma-informed sexual violence/misconduct investigation procedures, and has a thorough understanding of this policy.
  • Write and/or review the final investigation report prior to submission to the appropriate decision maker.
  • Facilitate support for respondents who are students.

Coordinator, Sexual Violence Prevention and Response

  • Provide awareness and educational programing centered on the University community; focusing on consent, rape culture, gendered violence and disclosure training.
  • Develop and maintain the Sexual Violence Prevention and Response website.
  • Provide peer to peer educational opportunities.
  • Facilitate 24 hour emergency support for those who have recently experienced sexual violence/misconduct. This can include, but is not limited to, emotional support and accompaniment on trips to hospital, medical services, police and/or legal appointments.
  • Ensure survivors are aware of resources, both on and off campus.
  • Assist survivors in accessing support and/or workplace and academic accommodations.
  • Provide supports for individuals who receive disclosures.
  • Provide support for those who have experienced sexual violence in the past.
  • Develop a safety plan with individuals who disclose.

Students and Employees

  • Conduct themselves in all activities in a manner that promotes compliance with this policy.

Consequences for Noncompliance

This Policy and related procedures are complementary to, and not substitutes for, the civil and criminal legal systems, The Saskatchewan Employment Act and the Saskatchewan Human Rights Code

Processes

An individual who has experienced sexual violence/misconduct has a variety of options on how to proceed. The University recognizes and supports the individual’s autonomy in decision making and will provide supports and services in all cases. Options include:

  • Disclosure but no further action. Those who have made a disclosure but do not wish to pursue any further action are nonetheless entitled to access University supports and services.
  • The individual may file a report. A report to the University can result in an investigation, interim measures and possible disciplinary action, as described in the procedures.
  • The individual may file a report and report the incident to the police. A report to the University can result in an investigation, interim measures and possible disciplinary action, as described in the procedures. A report to the police may result in a criminal investigation and criminal charges being laid.
  • The individual may only report the incident to the police. A report to the police may result in a criminal investigation and criminal charges being laid.

In the event of a criminal investigation or criminal proceedings the University investigation may be temporarily suspended, however interim measures will be sustained.

The University does not have the jurisdiction to investigate disclosures or reports of sexual violence/misconduct where the respondent is not a member of the University community.   In such cases, the incident should be reported to the police. In the event that the complainant is a member of the University community, but the respondent is not, the complainant can still access supports offered by the University and the University may place restrictions on the respondent’s access to campus and University services and events.

For more information and specific procedures regarding submitting a University report which can result in an investigation see the accompanying Sexual Violence/Misconduct Policy Procedures (324 KB) pdf document.

 

Related Information