Sexual Violence and Misconduct Policy

This Policy and the accompanying Procedures affirms Vancouver Community College's (VCC, the College) commitment to providing a safe, respectful, and inclusive environment where Sexual Violence or Misconduct is not tolerated. It outlines a process for Disclosing and Reporting incidents of Sexual Violence or Misconduct to the College and makes clear the College's responsibilities and procedures for reporting and investigating those incidents. It also outlines clear measures the College will take to assist and support survivors of Sexual Violence or Misconduct, regardless of whether a Report has been filed.

This Policy is not intended to interfere with any other College policy, Collective Agreement or applicable law. College Members may choose to proceed with an allegation of Sexual Violence or Misconduct pursuant to this Policy and its related Procedures, or through another appropriate grievance process or College procedure. However, College Members may not pursue more than one concurrent College process related to the same allegations, unless the other process addresses issues arising from the allegation and is not making a determination as to whether the allegation is substantiated.

In accordance with the Sexual Violence and Misconduct Policy Act, this Policy will be reviewed at least once every three years. The President will report to the Board of Governors on the implementation of this Policy on an annual basis.

This Policy and its related Procedures apply to all current College Members while they are:

• engaging in a College-Related Activity;


• on College property;


• acting in a capacity defined by their relationship to the College; and/or


• Interacting with persons known to them because of their relationship to the College, regardless of whether the incident occurs on campus.

For the purposes of College investigations, outcomes and corrective action, including discipline, this Policy applies only to Sexual Violence or Misconduct by a College Member against another College Member. The College will provide support and resources to any College Member who is a Survivor of Sexual Violence or Misconduct, but the College does not have the jurisdiction to investigate or implement corrective action on a Person Accused who is not a College Member.

1. VCC will not tolerate Sexual Violence or Misconduct. VCC is committed to promoting a safe, inclusive, and respectful learning and working environment free from Sexual Violence or Misconduct at all times.


2. VCC recognizes that peoples' experiences of Sexual Violence or Misconduct can be impacted by multiple forms of intersecting oppression such as power dynamics, misogyny, sexism, racism/white supremacy, poverty/classism, ableism, transphobia, homophobia, ageism, religious discrimination, and colonization.


3. VCC recognizes that individuals of all gender identities, gender expressions, and sexual orientations may experience Sexual Violence or Misconduct.


4. VCC understands that Sexual Violence or Misconduct can have a significant impact on Survivors and their community; that violence, harassment, and threats can seriously impact the ability of College Members to function in their studies, work, and lives; and can lead to lasting emotional, mental, and physical injuries. The College understands that each Survivor will be impacted by, and respond differently to, Sexual Violence or Misconduct.


5. VCC is committed to creating a space where College Members who have experienced Sexual Violence or Misconduct can feel safe to Disclose and seek support from VCC. VCC is committed to respecting the rights of those who Disclose Sexual Violence or Misconduct to make their own decisions about accessing support services, making a Report, or pursuing external processes such as criminal or civil actions.


6. VCC knows that acts of Sexual Violence and Misconduct are caused by the perpetrator's actions, not the Survivor's behaviour or sexual history. VCC will never inquire about a survivor's sexual history when they Disclose or Report Sexual Violence or Misconduct. 


7. Survivors who experience Sexual Violence or Misconduct while engaging in activities that violate other College policies will not be subject to sanctions for those violations that took place at the same time as the Sexual Violence or Misconduct. 


8. All individuals involved in a complaint will be treated in a fair and equitable manner, in accordance with the principles of Procedural Fairness and Natural Justice.


9. VCC will respond to Disclosures, and conduct investigations into Reports, in a timely manner.


10. VCC is committed to protecting the confidentiality of Survivors and Persons Accused/Respondents. College Members who receive a Disclosure or Report must make every reasonable effort to protect confidential information and maintain confidentiality. However, there are limits to confidentiality. VCC may need to disclose information or proceed with an investigation in certain exceptional circumstances as described in the Procedures.


11. The College's counselling service will be freely available for student Survivors. The College has made available a list of community resources for all College Members who have experienced Sexual Violence or Misconduct in Appendix A of this Policy's Procedures.


12. Respondents who have been found to be responsible for the harm caused by committing an act of Sexual Violence or Misconduct will be held accountable by the College and will be subject to responsive action up to and including expulsion or termination, in accordance with College policies and/or the applicable Collective Agreement.


13. VCC is committed to providing comprehensive and inclusive Sexual Violence or Misconduct prevention and response training to College Members. This may include a combination of campaigns, online and in-person training sessions, workshops, print and online resources, programs, and other events on a range of topics related to reducing, preventing, and responding to Sexual Violence or Misconduct, and on providing support to Survivors. The College maintains a Gender Based Violence Education and Prevention Committee to support prevention and response training.

Accommodation

The provision by the College of reasonable and appropriate academic, workplace or other measures that:

- are provided to a member of the College Community affected by Sexual Violence or Misconduct;
- are designed to meet that person's needs resulting from an incident of Sexual Violence or Misconduct; and
do not infringe on the rights of others.
Examples of academic accommodation in teaching or evaluation procedures may include providing an extension on an assignment, deferring an exam, authorizing withdrawal from a class without penalty or allowing continuing studies from home if appropriate.

Advisor

An individual with knowledge of College policies and principles who provides guidance on College procedures to either a Survivor or a Person Accused. An advisor may be the Arbiter of Student Issues, a CUPE or VCCFA representative, or People Services representative.

Balance of probabilities

The standard of proof upon which a decision is based indicating that one accounting of facts is more likely to have occurred than another when a Report of Sexual Violence or Misconduct is made.

College Member

All current VCC Students, Employees, and Board members.

College-Related Activity

An activity occurring on College property, at College sanctioned events, or under the authority of the College at another location. The activity must have a real and substantial connection to the College, or College-related functions, whether it occurs on campus, at an external location, or online.

Complainant

An individual who experiences an alleged incident of Sexual Violence or Misconduct, and seeks resolution, support, or assistance through this Policy and associated Procedures.

Consent

An active, voluntary, conscious, and ongoing choice and agreement between people to engage in sexual activity. It is the responsibility of the person initiating or pursuing sexual activity to obtain consent at all stages of sexual engagement. More specifically, consent:

Is explicit and freely given. It cannot be assumed or based on a perception that it was implied;
Cannot be given by someone who is incapacitated (by drugs and/or alcohol), asleep, unconscious, or otherwise incapable of providing consent;
Can be withdrawn at any time, regardless of whatever other sexual activities have taken place;
Can never be obtained through threats, intimidation, coercion, or other pressure tactics;
Cannot be obtained if someone abuses a position of trust, power or authority; and
Cannot be assumed from previous consent to the same or similar activities.

Disclose, Disclosure, or Disclosing

The sharing of information by a College Member regarding an incident of Sexual Violence or Misconduct with another College Member. A Disclosure does not initiate an investigation unless a Report is made.

Employee

An individual who is currently employed by VCC on a full-time, part-time, permanent, temporary, term, casual or contract basis.

Interim Measures

The temporary provisions that may be placed on a Person Accused of Sexual Violence or Misconduct by the College. Interim Measures are designed to limit contact between the Complainant and Respondent while an investigation is conducted, and are not intended to be punitive in nature.

Investigation

The formal process carried out by the College to examine and verify the events described in a Report, as set out in the Procedures.

Person Accused/Respondent

The individual who is alleged to be responsible for causing harm by committing Sexual Violence or Misconduct in a Disclosure or Report.

Procedural Fairness and Natural Justice

The principles ensuring that a dispute is fairly decided. If a Report is made both the Complainant and Respondent(s) have equal rights to the following:

a. Notice;
b. Disclosure;
c. An opportunity to present one's case;
d. An opportunity to respond;
e. An advocate
f. Have all relevant information considered;
g. Legitimate expectations;
h. An impartial and unbiased decision maker;
i. A sufficiently detailed, reasoned, timely and written decision; and
j. A reasonable and timely process.

Report or Reporting

Making a formal statement to the Director of Safety, Security, Risk and Privacy, or their designate, regarding an incident of Sexual Violence or Misconduct with the intention of initiating an investigation.

Sexual Misconduct

For the purpose of this Policy, Sexual Misconduct or sexual violence is behaviour, or action, and/or a continuum of behaviour and/or action that includes, but is not limited to:

Sexual Assault: Any non-consensual or unwanted sexual contact, including but not limited to, oral contact (kissing), touching, genital contact, tampering with contraceptives, penetration, and/or any threatening behavior that gives a person reasonable cause to believe that they are at risk of any kind of sexual violence.

Sexual Exploitation: Touching, directly or indirectly, with a part of the body or with an object, any part of the body of a young person for a sexual purpose. Or inviting, counselling, or inciting a young person to touch, directly or indirectly, with a part of the body or with an object, the body of another person.

Sexual Harassment: Conduct of a sexual nature by a person who knows or ought reasonably to know that such behavior is unwanted or unwelcome, which leads to or implies employment or academic consequences of the person harassed, interferes with a person's participation in a College Related Activity, or creates an intimidating, hostile or offensive working or educational environment. Examples of sexual harassment include, but are not limited to:
- Demanding a hug, kiss, date or sexual contact;
- Unwanted touching or demanding/asking to be touched;
- Use of derogatory language, sex-specific derogatory names, and/or comments related to a person's sexual appearance, characteristics or behavior;
- Sexual jokes, including jokes or material circulated by email;
- Spreading sexual rumours;
- Bragging about sexual prowess;
- Distributing and/or displaying sexually explicit images of self or others to a person who has not consented to being a recipient of the images;
- Unwanted questions about sexual history.

Stalking: Actions by a person that cause another person to reasonably fear for their safety or the safety of anyone known to them. Stalking consists of a person:
- Repeatedly following another person or anyone known by that other person from place to place;
- Repeatedly communicating directly or indirectly with another person or anyone known by that other person;
- Cyber stalking
- Watching another person's home, commute, work location, classroom locations, or anywhere else a person known by that other person happens to be; and/or
- Engaging in threatening conduct directed at another person or any member of that person's family.

Indecent Exposure: The non-consensual exposure of one's genitals to another person for a sexual purpose.

Voyeurism: The surreptitious observation or recording of a person who is in circumstances that give them a reasonable expectation of privacy, where the person could reasonably be expected to be nude or engaging in sexual activity; or where the observation or recording is done for a sexual purpose.

Coercion: Unreasonable and persistent pressure for sexual activity. The use of emotional manipulation, blackmail, threats to the Survivor (including those to family, friends, or pets), or the promise of rewards or special treatment, to persuade someone to do something they do not wish to do.
The sharing of sexually explicit materials, including but not limited to photos, videos and audio recording, either authentic or computer generated, without the consent of the individual(s) depicted.
The attempt to commit an act of Sexual Violence or Misconduct.
The threat to commit an act of Sexual Violence or Misconduct.

Student

A person who is registered in a full-time or part-time credit or non-credit course offered by VCC. Persons are still considered a student if they withdraw after allegedly violating the Student Non-Academic Conduct Policy or have been subject to involuntary withdrawal. Those who are not officially enrolled for a particular term but who have a continuing relationship with VCC or who have been notified of their acceptance for admission are also considered students.

Vexatious Report

A Report is considered vexatious when it is possible to demonstrate that the Report is without basis and that it was made with an intention to cause annoyance, embarrassment, or distress.

Survivor

A member of the College community who has experienced Sexual Violence or Misconduct. Survivors who choose to Report may also be referred to as Complainants.

• Appendix A: Sexual Violence and Misconduct Resources

• Appropriate and Responsible Use of Educational and Information Technology (505)
• Freedom of Information and Protection of Privacy (501)
• Off-Campus Activity Involving Students (415)
• Prevention of Harassment, Discrimination, and Bullying (201)
• Standards of Employee Conduct & Conflict of Interest (202)
• Student Appeal of Suspension to Board of Governors (320)
• Student Non-Academic Conduct (324)
• Violence Prevention (211)
• Whistleblower (203)

• Criminal Code, RSC 1985, c C-46


• Freedom of Information and Protection of Privacy Act, RSBC 1996, c 165


• Human Rights Code, RSBC 1996, c 210


• Sexual Violence and Misconduct Policy Act, SBC 2016, c 23


• Workers Compensation Act, RSBC 2019, c 1


• Occupational Health & Safety Regulation Part 4