«UNIVERSITY OF NEW BRUNSWICK UNB Sexual Assault Policy 6/1/2016 Contents UNB SEXUAL ASSAULT POLICY 1. Introduction 2. Purpose 3. Scope 4. Principles ...»
UNIVERSITY OF NEW BRUNSWICK
UNB Sexual Assault Policy
UNB SEXUAL ASSAULT POLICY
4.1 For the UNB Community (Prevention, Awareness Education, and Training):
4.2 For the Individuals: (Support and Fairness)
5.1 Pertaining to actions related to Sexual Assault
5.2 Pertaining to individuals and groups identified in this Policy
5.3 Pertaining to Disclosures and Filing a Formal Complaint of Sexual Assault
6. Disclosures, Confidential Disclosures, Formal Internal Complaints and the University’s Response... 9
7. Formal Internal Complaint Process and Investigation
7.1 Choice of Process
7.2 Filing a Formal Internal Complaint
7.3 Right to Withdraw a Formal Internal Complaint
9. Review and Revisions
10. References to Other Policies and/or Legal Requirements
1. Introduction All Members of the University of New Brunswick (UNB) community have the right to study, work and live in a campus environment free from any form of Sexual Violence including Sexual Assault. This Policy together with other University policies (e.g., Discrimination, Sexual Harassment, and Harassment; Student Discipline Code); regulations (e.g., General Regulations on Student NonAcademic Conduct; University Wide Academic Regulations) and collective agreements provide the framework for creating a positive learning and working environment as articulated in the UNB
Declaration of Rights and Responsibilities:
UNB recognizes that, according to research on the issue, the majority of complainants in cases of Sexual Assault are female and the majority of respondents are male. The University further recognizes that Sexual Violence can occur between individuals regardless of sex, sexual orientation, gender, gender identity or expression, or relationship status as such concepts are articulated in the New Brunswick Human Rights Act and UNB collective agreements. UNB also recognizes that individuals who have experienced Sexual Assault experience a range of physical and psychological impacts that can profoundly affect their lives.
2. Purpose This document sets out UNB’s policy related to Sexual Assault and with its related procedures document establishes the processes by which UNB will respond to allegations of Sexual Assault and
those who make a Formal Complaint of Sexual Assault will be treated respectfully;
UNB has a process of investigation that protects the rights of all individuals and holds accountable individuals who have committed an act of Sexual Assault; and UNB provides awareness, educational, and risk management programs that contribute to a safe environment.
3. Scope This Policy applies to all Members of the University community including employees, governors, students, contractors, suppliers of services, volunteers, visitors, and individuals who are directly connected to any University initiatives. This Policy applies to actions, interactions and behaviours that take place on University premises or off University premises but involved in the business of the University or activities sanctioned by or representing the University( including, but not limited to athletic events, placements, academic or professional conferences, volunteer activities, academic or research field work), or off University Premises where such actions, interactions or behaviour have an impact on another member of the University Community or have the potential to have an impact on the reputation of the University.
UNB is committed to the following principles:
4.1 For the UNB Community (Prevention, Awareness Education, and Training):
contributing to the creation of a campus atmosphere/space in which Sexual Violence is not tolerated;
collaborating with relevant groups on campus;
fostering coordination and communication among the various UNB departments that are most likely to be involved in the response to Sexual Assault on campus;
providing awareness raising, education, and training programs for the UNB community about Sexual Assault and UNB’s Sexual Assault policy and procedures;
developing appropriate reporting procedures for allegations of Sexual Assault which are congruent with applicable reporting protocols;
monitoring and updating UNB’s policies and procedures to ensure that they remain effective and aligned with related policies and best practices;
ensuring that everyone involved in conducting internal investigations is appropriately trained;
addressing harmful attitudes and behaviours that reinforce unsupportable beliefs about Sexual Assault, such as rape myths or victim blaming;
engaging in public education and prevention activities and creating environments (social and physical) that help reduce the risk of Sexual Assault;
4.2 For the Individuals: (Support and Fairness) treating those who disclose that they have been sexually assaulted with respect, and protecting their right to dignity and confidentiality, in accordance with the provisions of the Policy and related procedures, throughout the process of Disclosure, response and, where applicable, internal investigation and adjudication;
treating individuals who disclose Sexual Assault with compassion and support, recognizing that they are the decision-makers about their own best interests;
assisting those who disclose a Sexual Assault by providing choices, including detailed information and access to support, such as provision of and/or referral to counselling and medical care; information concerning options under UNB policies, procedures and collective agreements, and options under the criminal justice system; and support for appropriate academic and other necessary accommodations;
providing information to those who disclose a sexual assault about their options to choose to file a Formal Complaint with the University and/or with the police which will initiate an investigation of the allegation;
responding in an appropriate manner to all allegations of Sexual Assault brought to the attention of the University under this Policy;
ensuring that on-campus (internal) investigation procedures are available, regardless of whether or not the individual chooses to file a Formal Criminal Complaint with the police;
employing appropriate procedures for investigation and adjudication of a Formal Internal Complaint which are in accordance with UNB policies, standards and applicable collective agreements, and that provide fairness for all involved;
protecting and respecting the rights of those who are accused of having perpetrated a sexual assault.
5.1 Pertaining to actions related to Sexual Assault 5.1.1 Consent:
For the purposes of this policy, Consent is defined according to the Criminal Code of Canada and as such will change with changes in legislation and interpretation by the courts. Consent is currently defined as the voluntary agreement to engage in the sexual activity in question. Further, no consent is obtained
under, but not limited to, the following conditions:
the complainant is incapable of consenting to the activity;
the accused counsels or incites the complainant to engage in the activity by abusing a position of trust, power or authority;
the complainant expresses, by words or conduct, a lack of agreement to engage in the activity;
the complainant, having consented to engage in sexual activity, expresses, by words or conduct, a lack of agreement to continue to engage in the activity.
Criminal Code - R.S.C., 1985, c. C-46 (Section 153.1) Currently, the Age of Consent for sexual activity in Canada is 16 years, except where the sexual activity exploits the young person, including relationships of authority and trust (e.g., teacher, coach) in which case the age is 18. The Department of Justice provides further explanation and interpretation at the following website.
http://www.justice.gc.ca/eng/rp-pr/other-autre/clp/faq.html 5.1.2 Sexual Violence:
A broad term that describes any violence, physical or psychological, carried out through sexual means or by targeting sexuality. This violence takes different forms including Sexual Assault, Sexual Harassment, sexual abuse, stalking, indecent or sexualized exposure, degrading sexual imagery, voyeurism, cyber-harassment, and sexual exploitation among other things.
5.1.3 Sexual Assault:
A criminal offence under the Criminal Code of Canada. Sexual Assault is any type of unwanted sexual act done by one person to another that violates the sexual integrity of the victim and involves a range
5.1.4 Sexual Harassment:
Conduct of a sexual nature such as, but not limited to, verbal abuse or threats of a sexual nature, unwelcome sexual invitations or requests, demands for sexual favours, or repeated innuendos or taunting about a person's body, appearance, sexual orientation or gender identity. Behaviour conducted in whole or in part through electronic means (such as e-mail, web postings, text messaging and other forms of electronic behaviour) shall be included in this definition.
5.1.5 Exhibitionism and Voyeurism:
Activities such as displaying genitalia to another person without his/her Consent, watching/recording a person while nude or in an undressed state without his/her knowledge or consent or while engaged in sexual activity.
5.2 Pertaining to individuals and groups identified in this Policy 5.2.1 Complainant:
Individual who is disclosing or has disclosed an experience of Sexual Assault 5.2.2 Respondent:
Individual who is accused of having perpetrated a Sexual Assault 5.2.3 Campus Sexual Assault Support Advocate (CSASA):
An appropriately trained individual who is designated by the University on one of the two main campuses of UNB (Fredericton and Saint John) who is the recommended first point of contact or referral for any Member of the University Community who has experienced a Sexual Assault. A CSASA will provide initial and ongoing support including confidential consultation, and assistance in accessing other services and resources both on campus and off campus. They will maintain confidential records of incidents of Sexual Assault. They will also assist in the creation of educational resources and in policy development.
6|Page 5.2.4 UNB Task Force on Campus Sexual Assault (Bi-campus) :
A bi-campus unit that is responsible for the ongoing oversight and implementation of the Sexual Assault Policy to ensure the development, execution, maintenance, assessment, and record keeping of all prevention, intervention, awareness and education aspects of this Policy. They will prepare an annual Statistical Report for the President and the University Community. Members of the Task Force are the
Vice President Academic (Fredericton) or designate Vice President Saint John or designate Associate Vice President Human Resources and Organizational Development or designate Assistant Vice President Student Services (Fredericton) Director Student Services (Saint John) Human Rights Officer Campus Sexual Assault Support Advocates (1 from each campus) ex officio 5.2.5 Campus Sexual Assault Response Team (CSART) (Fredericton):
Consists of the Senior Director of Health and Wellness, the Assistant Vice-President (Student Services), the Senior Director of Student Life, a representative from Campus Security, and the Campus Sexual Assault Support Advocate. The purpose of CSART is to ensure a prompt and thorough response to individuals who experience a Sexual Assault that occurs within the campus community and to provide support to CSASAs.
5.2.6 Campus Sexual Assault Response Team (CSART) (Saint John):
Consists of the Director of Student Services, the Associate Vice-President (Saint John), a representative from Campus Security, and the Campus Sexual Assault Support Advocate. The purpose of CSART is to ensure a prompt and thorough response to individuals who experience a Sexual Assault that occurs within the campus community and to provide support to CSASAs.
5.2.7 Member of the University Community:
Includes, but is not limited to, all employees, governors, students, contractors, suppliers of services, volunteers, visitors, and individuals who are directly connected to any campus activities and initiatives as outlined in 3. Scope.
5.3 Pertaining to Disclosures and Filing a Formal Complaint of Sexual Assault 5.3.1 Disclosure:
Provision of information by an individual who has experienced, or witnessed, an alleged Sexual Assault to a University Employee not identified under Confidential Disclosure (see 5.3.2.). Individuals receiving a Disclosure are expected to provide only the name, date, and contact information, if available, of the person making a Disclosure to the Campus Sexual Assault Support Advocate.
5.3.2 Confidential Disclosure:
Provision of information by an individual who has experienced, or is witness to, an alleged Sexual Assault to a UNB counsellor, physician, nurse, Human Rights Officer, or Campus Sexual Assault Support Advocate. UNB recognizes that such communications originate in confidence and that the complainant has an expectation that such communications will remain confidential. UNB recognizes that the confidentiality is essential in order for complainants to come forward and discuss incidents of sexual assault. Such information will be held in strict confidence by these individuals except as directed by the Complainant or indicated in Section 8: Confidentiality.
5.3.3 Formal Complaint: