Sexual Violence/Misconduct

Introduction

This policy establishes the framework for the University of Regina’s commitment to preventing and responding to sexual violence/misconduct within its community. It affirms the University’s responsibility to foster a safe, respectful, and inclusive environment for all students, faculty, staff, and visitors, free from sexual violence and misconduct.

The policy is grounded in trauma-informed principles and recognizes the importance of culturally relevant approaches, including Indigenous ways of knowing, being, and healing. It acknowledges the impact of intersectionality and systemic power imbalances on individuals’ experiences and access to support, and it promotes survivor-centered responses that prioritize dignity, choice, and empowerment.

This policy supports the University’s strategic priorities of equity, inclusion, and well-being, and outlines clear expectations for conduct, disclosure, reporting, and resolution. It applies to all members of the University community and those interacting with it, and is designed to ensure procedural fairness, uphold natural justice, and promote a culture of consent and care.

Purpose

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

Scope

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 or where there is a sufficient connection to the University, 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, sport leaders, clients, customers, suppliers, and volunteers; and (vi) contractors, subcontractors and/or their employees and any persons under contract to the University.

This policy also applies to Prohibited Relationships. This policy also prohibits sexual violence/misconduct by a person who is not a member of the University Community, against a person who is a member of the University Community, which occurs on any property that is controlled by the University and used for University purposes.

Jurisdiction

• The allegations must be against an individual who was a Member of the University Community (i) at the time of the alleged Sexual Violence/ Misconduct or Prohibited Relationship and (ii) at the time the Report is submitted; 
• The alleged conduct must fall within the definition of Sexual Violence/ Misconduct or Prohibited Relationship; 
• The alleged conduct must have a sufficient connection to the University, which will depend on an assessment of relevant circumstances, including but not limited to:
  (a) whether the Complainant is a Member of the University Community or, if no longer a Member of the University Community, was a Member of the University Community at the time of the alleged sexual violence/misconduct or Prohibited Relationship or at the time of the Report; 
  (b) whether the alleged sexual violence/ misconduct or Prohibited Relationship has, or might reasonably be seen to have, a real and demonstrable impact on the Complainant’s ability to participate in the University’s programs and activities;
  (c) whether the alleged sexual violence/misconduct or Prohibited Relationship occurred in the context of a University Matter even if such event or activity did not take place on University property and was not organized by the University; and 
  (d) whether the alleged sexual violence/misconduct or Prohibited Relationship has, or might reasonably be seen to have, a significant impact on the University.

Time Limit

The University of Regina acknowledges that deciding to report an incident of Sexual Violence/Misconduct can be difficult and may take time. For this reason, there is no prescribed time limit for making a complaint. 
Complainants should be aware, however, that significant delays in reporting may affect the University’s ability to gather evidence and respond effectively, and the Respondent’s ability to properly defend the allegations. In some cases, this may mean that an investigation cannot proceed.  The determination regarding the feasibility or appropriateness of an investigation into a delayed complaint will be made by the Coordinator in consultation with the AVP, Student Affairs.

* 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.

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).

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 of those subject to this Policy are responsible for creating a culture of consent, respect, dignity and inclusivity; and for contributing to an environment in which individuals feel safe and supported in disclosing experiences of sexual violence/ misconduct or making the University aware of conditions conducive to sexual violence/ misconduct.

The university acknowledges that many relationships within the campus community involve inherent power imbalances. In support of a safe and respectful environment, the University prohibits sexual and/or intimate relationships where an individual holds authority or influence over another's current or future academic activities, working conditions, career, academic advancement, or athletic activities. These relationships have the potential to compromise the ability to give or withhold consent. They may also create actual or perceived conflicts of interest, bias, or coercion, and can undermine trust in academic and workplace settings.

This policy is designed to prevent these risks by setting clear boundaries and ensuring that academic and workplace relationships are based on mutual respect and free from undue influence.
a) If notwithstanding the forgoing, a consensual sexual and/or intimate relationship is not avoided, any existing or past relationship must be disclosed.
b) Accordingly, the University requires members to disclose these relationships by way of the Conflict of Interest and Conflict of Commitment Declaration. Timely disclosure of such relationships by the individual in the position of authority is expected.
c) Any and all appropriate actions required to manage the conflict of interest will be taken.
d) Actions in violation of these guidelines are considered to be unprofessional conduct and may be subject to discipline under the collective agreement or employment agreement to which the employee is subject.

The University recognizes the role of intersectionality and that people’s experiences will be affected by factors such as their access to power and privilege including their sex, sexual identity, gender identity or expression, racialization, age, family status, religion, faith, ability, disability, national or ethnic origin, Indigeneity, immigration status, socio-economic status, class, and language that may intersect and overlap. The University also recognizes that the university is a unique environment, in which power imbalances are inherent and systemic. These factors, along with an individual’s personal history, including any experience of trauma, affect individual experiences of sexual violence/ misconduct, the ability to access supports, and choices with regard to recourse. The University will take this into account when carrying out its responsibilities under this Policy.

Conduct That Does Not Constitute Sexual Violence Misconduct

Conduct alleged to constitute Sexual Violence Misconduct will be evaluated according to the objective standard of a reasonable person. Behaviour that is not sufficiently severe, persistent, or pervasive to create an objectively intimidating, offensive, or harmful environment, does not fall within the scope of this policy. Expressions of interest, isolated comments, or other conduct that does not rise to the threshold of significant interference with a person’s academic, work, or personal integrity are beyond the purview of this policy.

The University is committed to:

• providing prevention and awareness programming for the purpose of educating faculty, staff and students;
• offering appropriate education, training and processes for responding to the disclosure of sexual violence/misconduct, including explaining how persons subject to sexual violence/misconduct can seek support, providing resources for survivors, and providing 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;

(b) ensuring that prevention, response, and support services are anti-oppressive, intersectionally aware, and trauma-informed, so that all members of the University community can access them, recognizing that those who have been subjected to sexual violence/misconduct need to be supported through a survivor- centered lens, empowered, and might require different services, resources, and supports at different stages of their healing process;

(c) ensuring that people who have disclosed and/or reported sexual violence/misconduct:

• are given the opportunity to be heard and are supported;
• will be treated with compassion, dignity and respect throughout the process of disclosure and institutional response;
• can choose to participate in the continuum of healing, investigation, and disciplinary processes; and
• can choose available culturally relevant processes in regards to alternative resolution and the continuum of healing for example, traditional Indigenous-centred approaches;

(d) ensuring that respondents are provided with natural justice and procedural fairness during the investigation and adjudication process.

(e) recognizing that certain relationships between members of the University community are relationships of heightened trust and vulnerability and may constitute Prohibited Relationships, and should not be permitted to continue, or must be managed.

Roles and Responsibilities

Associate Vice-President (Human Resources)

• Where, as a result of a finding in the investigation report, disciplinary action or any other measures are 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 or any other measures.

Associate Vice-President (Student Affairs)

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

Protective Services

• 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. For further certainty, Protective Services will not conduct an investigation into an alleged incident of sexual violence/misconduct.
• Ensure security and safety of the scene and those immediately involved.
• Immediately contact and inform the Coordinator, Sexual Violence Prevention Response or designate of an alleged incident of sexual violence/misconduct.
• Share information with other persons (Coordinator, Sexual Violence Prevention and 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 or to the University

• As part of their contract, will comply with this policy and will ensure that all of their employees and agents comply with this policy.

Coordinator, Respectful University Services (and Manager, University Support Services)

• Assess reports and determine if the University has the jurisdiction to investigate.
• 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.
• When an alleged report of sexual violence/misconduct involves a student of the University (as the Respondent) and it is determined the University has the jurisdiction to investigate, lead the investigation team.
• Ensure each investigation team is trained in trauma-informed sexual violence/misconduct investigation procedures, and has a thorough understanding of this policy.
• Provide consultation regarding complaints and facilitate approrpriate resolution.
• 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, bystander and disclosure training.
• Develop and maintain the Sexual Violence Prevention and Response website.
• Facilitate 24 hour emergency support for those who have recently experienced sexual violence/misconduct. This can include, but is not limited to, emotional support, safety planning, 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 reasonable workplace and academic accommodations.
• Provide supports for individuals who receive disclosures.
• Provide support for those who have experienced sexual violence/misconduct in the past.

Employees, Sport Leaders, Students, Course Participants, Volunteers and Visitors

• Make themselves aware of this policy and their responsibilities under this policy.
• Conduct themselves in all activities in a manner that promotes compliance with this policy.
• If an individual approaches them with concerns about sexual violence/misconduct or a Prohibited Relationship, encourage the individual to consult the Sexual Violence Prevention and Response Office.

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 or who has been in a Prohibited Relationship has a variety of options on how to proceed. The decision to Disclose and the decision to Report are separate decisions and an individual may choose to Disclose but not Report. 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 individual who experienced harm is a member of the University community, but the respondent is not, the individual 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.

Confidentiality

Confidentiality is critical in all procedures under this policy. Because of the particular sensitivity of Sexual Violence/Misconduct complaints, and their consequences, confidentiality is of the utmost importance and will be maintained at all times, unless there is a risk to personal safety, or the University’s legal obligations require disclosure of information.  Notwithstanding the foregoing, disclosure of certain matters pertaining to a Sexual Violence/Misconduct complaint may be disclosed to those individuals within the University who have a need to know (in order to administer this policy, carry out interim measures, to deal with safety concerns, to take corrective measures, etc.). For more detailed information, please refer to the Sexual Violence/Misconduct Policy Procedures (188 KB) .

Personal Safety

Where there exists a clear, serious, and immediate threat to safety of an individual or the community, the University has a legal duty to warn any individuals at risk. This may mean for the purposes of safety that the procedures accompanying this policy, including confidentiality, may not be strictly adhered to. In addition, action to address an urgent or emergency situation may be taken by Protective Services, the Early Intervention Team and/or senior administration in order to protect an individual or other members of the University community.

For more information and specific procedures regarding disclosures, reports, and investigations under this policy, please refer to the Sexual Violence/Misconduct Policy Procedures (188 KB) .

Related Information

• GOV-100-015 Respectful University
• Student Code of Conduct & Right to Appeal (See the Undergraduate Calendar)
• Regulations Governing Discipline for Academic and Non-Academic Misconduct
• GOV-022-005 Code of Conduct
• GOV-022-020 Safe Disclosure
• GOV-060-005 Freedom of Information and Protection of Privacy
• GOV-100-005 Health and Safety
• Saskatchewan Human Rights Code
• Saskatchewan Employment Act
• Sexual Violence/Misconduct Policy Procedures (188 KB)
• Resources