Sexual Misconduct Procedure

Procedure Number: 
001
Policy Number: 
3213
Responsibility: 
Board of Governors
Approved: 
Board of Governors
Effective: 
March 23, 2017
Review: 
March 23, 2020
Procedure Statement: 

SCOPE

These procedures form part of the Sexual Misconduct Policy (the “Policy”) and should be followed and applied in relation to all complaints and disclosures under the Policy.

Terms are as defined in the Policy.

PROCEDURAL GUIDING PRINCIPLES

JIBC recognizes that there may be a number of different reasons students who experience sexual misconduct and witnesses of sexual misconduct may be hesitant to complain about or report sexual misconduct.  JIBC is committed to supporting students who experience sexual misconduct, who make complaints of sexual misconduct and supporting witnesses who report sexual misconduct involving a student.  JIBC encourages anyone who experiences or witnesses sexual misconduct involving a student to make a complaint or report to JIBC as soon as possible.

JIBC recognizes the serious potential impact on an individual of being accused of sexual misconduct.  JIBC will respect the principles of natural justice and the principle of the presumption of innocence in its treatment of those accused of sexual misconduct involving a student.

1.0          MAKING A COMPLAINT OR DISCLOSURE OF SEXUAL MISCONDUCT INVOLVING A STUDENT

1.1         Making a Complaint or Disclosure

Anyone who experiences or witnesses sexual misconduct involving a student, or has reason to believe that sexual misconduct involving a student has occurred or may occur, may pursue any of the following options (or pursue more than one option simultaneously): 

a)      Police or Community Victim Services Reporting Option:

Individuals may report their allegations through the criminal justice or victim services system by contacting the RCMP or local police detachment. If an individual chooses this option and informs the JIBC, Campus Security and/or Director of Student Affairs or Manager of Learning Services can facilitate making a report to the police. JIBC will cooperate with any criminal investigation. 

b)      On-Campus Complaint Option:

Any person who experiences or witnesses sexual misconduct involving a student may file a complaint with JIBC.  A complaint should be made to the Director of Student Affairs, the Manager of Learning Services, or any employee of JIBC the person feels comfortable making it to.

The complaint should be in writing and include a statement of facts including a record of the dates, times, and nature of any alleged incidents, and the names and if possible contact information, of any witnesses. 

Complaints must contain sufficient detail to allow JIBC to assess the complaint and conduct an investigation, if required.

Where JIBC receives a complaint with sufficient detail, it will attempt to informally resolve the complaint or commence a formal investigation in accordance with this Policy.

c)        On-Campus Disclosure without a Complaint Option:

Any person who experiences or witnesses sexual misconduct involving a student but does not want to proceed with a complaint may make a disclosure to the Director of Student Affairs, the Manager of Learning Services, or any employee of JIBC the person feels comfortable making it to.

JIBC will consult with the person making the disclosure before taking action in response to the disclosure unless, based on the disclosure, JIBC believes there exists an ongoing safety risk to any individual

2.0          JIBC’S RESPONSE TO A COMPLAINT OR DISCLOSURE

2.1          Interim Measures

2.1.1    Upon receipt of a complaint or disclosure and prior to the commencement of an investigation or resolution process, JIBC may impose interim measures as may be necessary to ensure the safety of the individuals involved and/or the JIBC Community. Interim measures may include, but are not limited to:

a)   Alteration of the course schedule of any student involved in a complaint of sexual misconduct;

b)   No-contact undertakings; and

c)    Temporary, non-disciplinary, leaves.

2.1.2    JIBC will attempt to minimize the impact of any interim measures on all individuals involved in the complaint or disclosure and will ensure that individuals who make a complaint or disclosure do not suffer adverse treatment by JIBC for making a complaint or disclosure.

2.2         Confidentiality 

2.2.1  JIBC recognizes the confidentiality interests and privacy rights of all parties involved in a complaint or report of sexual misconduct involving a student and must protect personal information in accordance with the Freedom of Information and Protection of Privacy Act, subject to the exceptions thereunder.

2.2.2  JIBC may disclose information relating to complaints or disclosures in certain circumstances, including but not limited to where:

a)   necessary to ensure the requirements of natural justice and procedural fairness are met;

b)   the sharing of personal information is necessary for the protection of the health or safety of any individual;

c)    the sharing of personal information is required or authorized by law; or

d)   the person the information is about has consented to the release of the personal information.

2.3          Informal Resolution

2.3.1    Where appropriate and where both the complainant and respondent agree, JIBC will attempt to informally resolve a complaint or disclosure.  Any informal resolution must ensure the safety of the students and the JIBC community.

2.3.2    Where JIBC is unable to resolve a complaint through an informal resolution process, JIBC will initiate a formal investigation into the complaint under section 2.4 of this Policy.

2.4          Formal Investigations

2.4.1    JIBC will act in accordance with the principles of procedural fairness in dealing with allegations and investigations of sexual misconduct and will take all reasonable steps to ensure the safety of the students and the JIBC Community.

2.4.2    If a complaint is received that falls under this Policy, the Director Student Affairs or Manager of Learning Services shall provide the respondent(s) with a copy of the complaint and ask that a written response be provided within a specified timeline. This timeline may be extended by JIBC based on a reasonable request from the Respondent.

2.4.3    An investigator will be appointed by the Director Student Affairs or Manager Learning Services to conduct the investigation. The investigator may be an employee of the JIBC or an external investigator. The investigator will interview the Complainant, the Respondent and any other individual as the investigator determines necessary, and produce a report of the investigator’s findings.

2.4.4    A copy of the investigator’s report will be submitted to the Director Student Affairs and to the Vice President, Academic. Following review of the report, the Vice President Academic will decide whether to dismiss or uphold all or part of the complaint.

2.4.5    If the Vice President Academic upholds all or part of the complaint, the Vice President Academic will impose or recommend appropriate action in response to the finding. Where appropriate, the Vice President Academic will consult with a student’s Program Dean before imposing any discipline on the student.

2.4.6    If the Vice President Academic determines that suspension or expulsion is the appropriate discipline the recommendation will be presented to the President who will have the final decision on the imposition of such discipline.

3.0          NO RETALIATION

3.1          It is contrary to this Policy for anyone to retaliate, engage in reprisals or threaten to retaliate against a person for:

a)   pursuing options/rights under this Policy or any other relevant Provincial or Federal legislation;

b)   having participated or co-operated in a complaint, disclosure, or investigation under this Policy; or

c)    having been associated with someone who has pursued rights under this Policy. 

3.2          Anyone who engages in such retaliation will be subject to discipline up to and including suspension, expulsion or termination from JIBC. 

4.0          SUPPORT

4.1          Support During Investigations

 JIBC will make counselling services available to any students involved in complaints who request counselling.

4.2          Other Support for Students 

4.2.1    A student who has experienced sexual misconduct, including sexual misconduct at a non-JIBC related activity, and who may require an educational accommodation (for example, exam deferral, an extension on an assignment, withdrawing from a class, changing location of studies to another campus or from home, etc.), should make a request to the Director Student Affairs or Manager Learning Services.  Students who have experienced sexual misconduct and make such requests will be supported and will have their requests considered in accordance with JIBC procedures for requesting and granting academic accommodations (See Accommodation of Students with Disabilities Policy.

4.2.2  A student requesting an academic accommodation under this Policy is not required to file a complaint to be eligible to receive an academic accommodation. 

4.3          Other Resources

The following additional resources are available to provide information and support to students.

On Campus

  •  
    • Campus Security – 604-528-5999
    • Director, Student Affairs – 604-528-5787
    • Manager of Learning Services – 604-528-5884

Off Campus  

a. Local police jurisdiction: call 911.

b. Sexual Assault Service, BC Women's Hospital: 604-875-2881 (Monday - Friday, 9:00 am - 5:00 pm) Vancouver General Hospital Emergency Department: (24 hours/day): 604.875.2881, https://www.vch.ca/locations_and_services/find_health_services/?program_id=11289

Fraser Health – Forensic Nursing Services at Surrey Memorial or Abbotsford Regional Hospital at: http://www.fraserhealth.ca/health-info/health-topics/sexual-assault/getting-help/

d. SMART (Surrey Mobile Assault Response Team) – a 24/7 crisis response team at 604.583.1295 that provides medical, legal and social services over the phone and in-person to anyone who has experienced a physical or sexual assault by a stranger or someone they know.  http://www.surreywomenscentre.ca/smart/patient-navigator

e. Sexual Assault Crisis and Information – WAVAW (Women Against Violence Against Women): 604-255-6344 (24 hours/day)

f. VictimLink BC at 1.800.563.0808, a toll-free 24/7 multi lingual information and support line that provides information and referrals to all persons who have experienced Sexual Assaults of crime, and crisis support to person who has experienced Sexual Assault of family and sexual violence, including sexual assault, violence in relationships, elder abuse, and adult persons who have experienced Sexual Assaults of physical or sexual abuse.

g. Crime Assistance Program provides financial benefits to assist a person who has experienced Sexual Assaults, immediate family members, and witnesses in dealing with the effects of violent crime. Phone: toll free 1-866-660-3888

h. British Columbia Society for Male Survivors of Sexual Abuse is a non-profit society, established to provide therapeutic services for males who have been sexually abused at some time in their lives. Phone: (604) 682-6482 Website: http://www.bc-maleperson who has experienced Sexual Assaults.com/html/mission_purpose.htm

i. Qmunity Resource Centre provides counselling, resources, programs and peer support to the lesbian, gay, transgender, and bisexual communities. Qmunity also operates Prideline, a peer support, information and referral helpline Phone: (604) 684-5307; or toll free, 1-800-566-1170. Website: http://www.qmunity.ca ; The Centre for Lesbian, Gay, Bisexual, and Transgendered Youth (604) 684-6869 

j. Vancouver Rape Relief and Women’s Shelter at 604.872.8212 – a 24/7 crisis support service. 

Last updated May 18, 2017