Sexual Misconduct Policy

Policy: SC-07 | Updated on June 13, 2024

Policy

All students and staff of Saint Community College Ltd are entitled to study and work in an environment that is free from Sexual Misconduct.  The College considers Sexual Misconduct to be a serious violation of an individual’s fundamental rights.  Members of the College community who engage in Sexual Misconduct may be subject to a range of disciplinary measures, up to and including suspension, dismissal, or expulsion from the College.  Members of the College community who experience and report Sexual Misconduct will be provided with support by the College and assistance with accessing additional support services both on and off the Campus.
SAINT COMMUNITY COLLEGE LTD is committed to the prevention of and appropriate response to sexual misconduct.

Sexual misconduct includes the following:

• Sexual assault
• Sexual exploitation
• Sexual harassment
• Stalking
• Indecent exposure
• Voyeurism
• 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
• The attempt to commit an act of sexual misconduct
• The threat to commit an act of sexual misconduct

The Purpose of this policy is to outline the procedures Saint Community College Ltd takes to address Sexual Misconduct through:

• Creating a learning and working environment in which Sexual Misconduct is not tolerated;
• Promoting a culture of Consent to prevent Sexual Misconduct;
• Establishing a fair, supportive, and effective response to Complaints and Disclosures of Sexual Misconduct;
• Assisting those who have experienced Sexual Misconduct by providing information and support, including the provision of and/or referral to counseling and medical care, and appropriate academic and/or other accommodations;
• Defining the roles of individuals for implementing and carrying out the programs and practices contemplated in this policy; and
• Using clear, appropriate and fair processes for handling Complaints and Disclosures of Sexual Misconduct.
• Ensuring confidentially is kept when handling Sexual Misconduct investigations

PROCEDURE

Disclosure:

An Individual who experiences or witnesses Sexual Misconduct may choose to make a disclosure. In these situations, support is available whether the individual chooses to make a complaint or not. An individual who makes a disclosure may choose to submit a formal complaint at a later date.

A disclosure without a complaint will not initiate a process to investigate the Sexual Misconduct incident or engage in any resolution process.

Students and Employees who make a disclosure will be provided support and accommodated where appropriate.

Formal Complaint:

A Formal Complaint may be made to Saint Community College Ltd as follows:

• Student complaints should be made to student services or the campus director
• Staff and Faculty complaints should be made to the campus director
• Volunteer, Contractor, or Visitor complaints should be made to the campus director
• Saint Community College Ltd will investigate all complaints and where appropriate, facilitate the resolution process. A Complaint under this policy must be Sexual Misconduct and in connection with a Saint Community College Ltd related Activity, or on-campus

Before starting an investigation or resolution, as a result of a Disclosure Saint Community College Ltd can impose interim measures which may include but are not limited to:

• Alteration of the academic schedule of any student involved in the Sexual Misconduct
• No-Contact Order
• Temporary, non-disciplinary, leave of absence of a person reported to have committed Sexual Misconduct
• Any other interim measures determined necessary by Saint Community College Ltd

Saint Community College Ltd may put interim measures in place to address a report of Sexual Misconduct while matters are under investigation or review by police or RCMP.

DISCIPLINARY MEASURES

These measures are specific to this policy. Any College community member who has been found to have committed sexual misconduct or harassment is subject to one or more of the following sanctions:

• A verbal or written warning
• An adverse performance evaluation
• If an employee: a demotion, suspension, or dismissal
• If a student or other member of the College community: subject to a temporary or permanent suspension from participation in any or all of the College’s academic programs
• Other such disciplines, as appropriate in the circumstances, include the gravity and seriousness of the found behavior and its impact on the Complainant and/or on the environment of the College’s academic programs up to and including expulsion from the program or the College or dismissal from employment.

APPEAL PROCESS

The decision of the Campus Director or designate is final.

CONFIDENTIALITY AND PRIVACY

To protect the integrity, fairness, and effectiveness of complaint mechanisms and to ensure compliance with the Freedom of Information and Protection of Privacy Act (FIPPA), all participants in an investigation or procedure under this policy must act in accordance with the requirements set out below.

Individuals, including the Complainant and the Respondent, who has obtained information about an identifiable individual through their participation in an informal or formal process must not disclose this information to anybody except their advisors or representatives, or as required by law.

IMPLEMENTATION

The College will ensure that this policy is disseminated to all members of the College community. All new employees will be given an orientation that includes becoming familiar with the content of this policy. Contractors will be required to adhere to this policy as a condition of their contractual arrangement with the
College.