Sexual Misconduct Policy

Policy Number: 
3213
Policy Responsibility: 
Board of Governors
Approved: 
Board of Governors
Effective: 
March 23, 2017
Review: 
March 23, 2020

Context / Purpose: 

The purpose of this policy is to clearly state the commitment of the Justice Institute of British Columbia (“JIBC”) to addressing sexual misconduct through:

  • Facilitating a safe and secure learning environment that is free from sexual misconduct;
  • Defining the roles and responsibilities of individuals in implementing and carrying out programs and practices in the prevention of, and in response to, sexual misconduct;
  • providing education to the student community about prevention of sexual misconduct;
  • assisting those who have experienced sexual misconduct by providing information and support, including provision of and/or referral to counselling and medical care, and appropriate academic and/or other accommodation; and
  • using clear, appropriate and fair processes for handling complaints of sexual misconduct. 

Policy Statement: 

JIBC is committed to creating and maintaining a learning and working environment characterized by mutual respect, safety, civility and free inquiry. Safety at JIBC is a priority and any form of sexual misconduct will not be tolerated. JIBC will address sexual misconduct involving a student through support, awareness, training and prevention programs, and appropriate handling of complaints and disclosure of sexual misconduct. Students who have experienced sexual misconduct will be treated with compassion, dignity and respect. 

Scope: 

3.) This policy applies to students of JIBC while engaged in courses or training on any JIBC campus or in any JIBC-related activity.

2.) This policy is not intended to supersede or interfere with prevailing laws. Anyone who has experienced sexual misconduct has the right to pursue criminal or civil legal avenues whether or not they choose to proceed under this policy.

Definitions: 

Complainant:  An individual who is alleged to have been subject to sexual misconduct. 

Complaint: A written statement of facts that alleges sexual misconduct involving a student including a record of the dates, times, nature of any incidents and names of witnesses. The complaint must contain sufficient detail to allow JIBC to assess the complaint and conduct an investigation, if required. A complaint can be made by a person who has experienced sexual misconduct (complaint) or who has been a witness to sexual misconduct (report). 

Consent: An active, direct, voluntary, un-coerced, ongoing, unimpaired and conscious choice and agreement between adults to engage in sexual activity. Consent can be withdrawn at any point.

Disclosure: A report of sexual misconduct where the complainant chooses not to proceed with formal processsuch as Police Reporting or a Complaint.  

Inform: Where an individual provides information about an act of sexual misconduct involving a student of the JIBC community.  The act of informing may or may not include a request for action at that time.

JIBC-related activity: Any activity occurring on JIBC property or as part of an educational program or administrative action and including online or distance education, practicum, field education, off-site training, or work terms required by a program of study at JIBC and endorsed activities and events.

No-Contact Undertaking: An agreement, mutually undertaken by two or more people, to refrain from contacting one another based on specified conditions.

Respondent: An individual who is alleged to have engaged in sexual misconduct. 

Student: An individual who is registered in a course or program at JIBC or who was registered in a course or program at the time the alleged misconduct occurred.

SEXUAL MISCONDUCT PROHIBITED

Sexual misconduct of any kind is prohibited by all members of the Institute, including students.

Sexual misconduct includes sexual violence and means any sexual act or act targeting a person’s sexuality, regardless of their gender, sexual orientation, or gender identity, whether the act is physical or psychological in nature, that is committed, threatened or attempted against a person without the person’s consent, and includes without limitation:

a)       sexual assault, which includes any form of unwelcome activity of a sexual nature imposed by one person (or more) on another without consent, including:

  1. a range of unwelcome sexual activities including oral contact (kissing), groping, touching, oral sex, vaginal or anal penetration and/or other forms of penetration;
  2. sexual contact that is forced, manipulated, or coerced by a partner, friend, acquaintance, or stranger;
  3. the use of alcohol and/or drugs by a person to control, overpower or subdue a person for purposes of sexual contact; and
  4. sexual activity with another person they know, or reasonably ought to have known, is mentally or physically incapacitated (e.g., unconsciousness, blackout, or as the result of a disability);

b)       sexual harassment, which includes a course of unwanted remarks, behaviours, or communications of a sexually orientated nature and/or a course of unwanted remarks, behaviours or communications based on gender – where the person responsible for the remarks, behaviours or communications knows or ought reasonably to know that these are unwanted including, but not limited to unwanted:

  1. I. sexual solicitations, advances, remarks, suggestive comments and gestures (including songs and chants);
  2. the inappropriate display of sexually suggestive pictures, posters, objects or graffiti;
  3. aggressive comments and slurs of a sexual nature on any form of social media;
  4. physical contact of a sexual nature; and
  5. sexual conduct that interferes with an individual’s dignity or privacy;

c)       stalking, which is a form of criminal harassment which includes behaviors that occur on more than one occasion and which collectively instill fear in a person or threaten a person’s safety or mental health, including threats of harm to a person’s friends and/or family, and includes, but is not limited to:

  1. non-consensual communication (face to face, phone, email, social media);
  2. threatening or obscene gestures;
  3. surveillance;
  4. sending unsolicited gifts;
  5. “creeping” via social media/cyberstalking; and
  6. uttering threats;

d)       indecent exposure; which includes exposing one’s body to another individual for a sexual purpose without their Consent; 

e)       voyeurism; which includes the non-consensual recording or observation, including in-person, electronically, or otherwise, of another individual in circumstances that give rise to a reasonable expectation of privacy and where:

  1. the other individual is in a place in which a person can reasonably be expected to be sexually exposed or to be engaged in sexual activity; or
  2. the observation or recording is done for a sexual purpose;

f)        sexual exploitation; which includes a person in a position of power or trust over another person misusing that power or trust for a sexual purpose;

g)       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 photograph or video;

h)       the attempt to commit an act of sexual misconduct; and

i)        the threat to commit an act of sexual misconduct.

PROCEDURES

JIBC recognizes the significant impact that sexual misconduct can have on an individual.  Where an individual Discloses, Informs, or files a Complaint of sexual misconduct involving a student, JIBC will follow the procedures (Appendix A) to this Policy.  JIBC will provide its students with support, services and/or referrals as appropriate

SEXUAL VIOLENCE AND MISCONDUCT PREVENTION, AWARENESS, EDUCATION AND TRAINING PROGRAMS

JIBC will offer ongoing awareness and education programs regarding sexual misconduct for JIBC students.  

Last updated May 18, 2017